Research › Search › Judgment

Patna High Court · body

2002 DIGILAW 648 (PAT)

Md. Ashraf v. State Of Bihar

2002-05-22

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2002
Judgment 1. The present appeal has been preferred by the appellant against the order of the writ court dated 18.3.2002 passed in C.W.J.C. No. 8370 of 2000. 2. The appellant, Md. Ashraf, worked on daily wages on class IV post in Kiul Baduwa Chandan Command Area Development Agency hereinafter referred to as the Agency. Initially the appellant had filed a writ application for direction to the respondents authorities to regularise his service in the Agency on the plea that he has been working for long years of continuous service. 3. The learned Single Judge disposed of the matter giving direction to the respondents authorities to consider the petitioners claim for regularisation of his service in view of the decision of the Supreme Court in the Case of Haryana and ors. V/s. Piara Singh & ors. (A.I.R. 1992 SC 2130). 4. The Agency filed Letters Patent Appeals being L.P.A. Nos. 1542 and 1544 of 2000. The appeals were allowed and the matter was remitted back to the writ court, as the order had been passed behind the back of the Agency without giving them an opportunity of hearing. 5. Initially the prayer of the appellant in the writ application was for regularisation of his service. However, in view of the counter-affidavit filed on behalf of the Agency it came to light that the services of the daily wagers had been terminated on 19.8.2000 itself i.e., before the petitioner had chosen to file the writ application. Subsequently, by filing interlocutory applications the aforesaid order of termination was also brought on the record and challenged. 6. The learned writ court took into consideration the financial crisis faced by the Agency and other similar Agencies and the fact that no work was there in the agency for engagement of the appellant and similarly situated persons and further in view of the report of the Comptroller and Auditor General objecting to the engagement of large number of daily wagers contrary to the direction of the State Government despite the fact that there was no work in the Agency, which objection was communicated by the Central Government to the State Government with advice to take immediate remedial action. The State Government there upon asked the Agency to take remedial action which was taken by passing an order dated 19.8.2000. 7. The State Government there upon asked the Agency to take remedial action which was taken by passing an order dated 19.8.2000. 7. In view of the aforesaid facts the writ court did not interfere with the said order and rightly so. 8. This court does not find any infirmity in the aforesaid order requiring interference by this Court at this stage. 9. Dismissed.