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2004 DIGILAW 970 (PAT)

Pradeep Roy v. State Of Bihar

2004-09-15

CHANDRAMAULI KR.PRASAD

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Judgment Chandramauli Kr.Prasad, J. 1. This application has been filed for issuance of a writ in the nature of mandamus commanding the respondent to regularise the services of the petitioners as a driver in the Patna Medical College Hospital. 2. Shorn of unnecessary details, facts giving rise to the present application are that by order dated 31.1.1989 (Annexure-1) petitioners were appointed to the post of drivers on ad hoc basis in the scale of pay of Rs. 480-680/-. 3. Petitioner no. 2 Om Prakash earlier filed C.W.J.C. No. 6589 of 1991 before this Court, inter alia, praying for regularisation of his service and challenging his discontinuance as daily wage employee. A Division Bench of this Court, by order dated 25.8.1992 [reported in 1992 (2) PLJR 705] (Annexure-3), allowed the writ application with the following direction: "For all these reasons this Court must intercede and give the following directions in this case : (i) The petitioner must be paid his wage for the periods he admittedly worked. The payment of all arrears of wages must be made to him within six weeks from the date of product: ceipt of a copy of this order. In case no funds are available with the Superintendent- Administrator of the P.M.C.H. then the Comissioner-cum-Secretary, Department of Health must make arrangement for the release of adequate funds within five weeks from the date of production/receipt of a copy of this order. (ii) All sanctioned Class III and Class IV posts in the Indira Gandhi Central Casualty Unit of P.M.C.H. which may be necessary for a smooth functioning of the unit must be filled up in accordance with law on a regular basis within four months from the date of production/receipt of a copy of this order. (iii) Persons like the petitioner who have been working on a particular post in that unit will be entitled to relaxation in the age limit to the extent they have worked in the unit; they shall also be entitled to due weightage for the experience gained by working in the same unit. (iv) The petitioner shall continue to work as a driver till the post is duly filled up in terms of the directions given above. (iv) The petitioner shall continue to work as a driver till the post is duly filled up in terms of the directions given above. Similarly all other employees who may be presently working on daily wages on Class III and Class IV posts in the unit shall continue to work till those posts are duly filled up in a regular way." 4. It is relevant here to state that petitioner no. 1 filed separate writ application which was registered as C.W.J.C. No. 2997 of 1993(Pradeep Roy vs. The State of Bihar & Ors.) A Division Bench of this Court, by order dated 13.4.1993, disposed of the writ application with the direction that "when regular appointments are made, it will be open to the petitioner to apply for the same and age bar will be relaxed. It also directed that so long regular appointment is not made the petitioner will be allowed to work." 5. It is the stand of the petitioners that in pursuance of the aforesaid order, they have been allowed to work which fact has not been disputed by respondents but their grievance is that till date, respondents have not taken any step for regularising the services of the petitioners. 6. In the counter affidavit filed on behalf of respondent no. 4, it has been stated that "since present selection for appointment has to be made through Karamchari Chayan Ayog, the question of regularisation does not arise." 7. Mr. Shailendra Kumar Singh, appearing on behalf of the petitioners submits that this Court by order dated 25th of August, 1992 had directed for filling up the post on regular basis within a period of four months but till date, no step for regularisation of the services has been taken. 8. Junior Counsel to Additional Advocate General-ll, however, submits that as the appointment has to be made on the basis of recommendation of the Karamchari Chayan Ayog, petitioners services have not been regularised. 9. Having considered the rival submission, I find substance in the submission of Mr. Singh. The plea put forth by the respondents is nothing but a pretence. This court, by order dated 25.8.1992, directed to fill up the vacancy in accordance with law on a regular basis within four months. Even, in case, it requires recommendation of the Karamchari Chayan Ayog, nothing prevents the respondents to request the Karamchari Chayan Ayog to initiate the process. The plea put forth by the respondents is nothing but a pretence. This court, by order dated 25.8.1992, directed to fill up the vacancy in accordance with law on a regular basis within four months. Even, in case, it requires recommendation of the Karamchari Chayan Ayog, nothing prevents the respondents to request the Karamchari Chayan Ayog to initiate the process. The attitude of the respondents, in the present case, is absolutely casual. 10. The respondents are directed to fill up the vacancy in accordance with law on regular basis within six months from the date of receipt/production of a copy of this order and for that purpose, whatever steps are required, be taken within the said period. Any deviation in carrying out the direction within the period aforesaid, shall be viewed seriously. 11. In the result, the application is allowed and respondents are directed to fill up the vacancy of the post of drivers on regular basis in accordance with law within six months from the date of receipt/production of a copy of this order. As the attitude of the respondents in this case is absolutely casual, petitioners shall be entitled to cost of these litigations, which l assess to be Rs.5000/-.