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2005 DIGILAW 1016 (PAT)

Amita Datta v. State Of Bihar

2005-11-28

NARAYAN ROY

body2005
Judgment 1. Heard counsel for the parties. 2. The petitioner by this application seeks direction upon the respondents to regularise her services on the post of sorter in the Library of Rajkiya Mahila Mahavidyalaya, Gardanibagh in the pay scale of Rs. 1200-1800 revised as Rs. 4000-6000. 3. It is submitted by learned counsel for the petitioner that the petitioner was appointed to work as sorter on daily wages with effect from 30th January, 1989 and her case thereafter was considered for placing her in a scale and vide order, as contained in annexure 5 dated 23.7.1990 she was given scale of Rs. 975-1540 on ad hoc basis. It is also submitted that the petitioner continued to get the scale aforesaid and thereafter her case was recommended to regularise her services and the authorities thereafter issued order, as contained in annexure 6 dated 6th June, 1995 and the scale, which was given to the petitioner on ad hoc basis, was made regular. The petitioner thereafter represented her case before the Principal of the college for her regularisation in the regular scale and thereafter the Principal recommended her case vide her letter, as contained in annexure 11. It is further submitted that the petitioner since is continuing on the post of sorter, she would be entitled for the revised pay scale of Rs. 4000-6000. 4. Despite two orders passed by this Court, no counter affidavit has been filed on behalf of the State. 5. However, in absence of any counter affidavit, in my opinion, it would not be advisable to pass any positive order for redressal of the grievances of the petitioner. 6. The petitioner, in this view of the matter, may represent her case afresh before respondent no. 1, Education Commissioner-cum-Secretary, Government of Bihar, Patna. In case, any such representation is filed by the petitioner, the same shall be considered and disposed of by respondent no. 1 in accordance with law keeping in view the fact that the petitioner is functioning on the post of sorter on regular basis, as she is getting regular scale vide order, as contained in annexure6. This exercise, however, must be completed by respondent no. 1 within a period of six weeks from the date of filing of the representation by the petitioner. 7. With the direction/observation aforesaid, this application is disposed of.