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2011 DIGILAW 885 (JHR)

Nathu Ram v. State of Bihar (Jharkhand)

2011-09-15

P.P.BHATT, PRAKASH TATIA

body2011
ORDER 1. Heard learned counsel for the appellants. 2. The appellants contention is that they were initially appointed on the post of Home Guard and by order dated 01.07.1991 (Annexure-4), they were appointed on the post of Typist and they have served for more than ten years, therefore, their services should have been regularized by the respondents. 3. The learned Single Judge, in the impugned order dated 26.09.2006, considered all aspects of the matter and held that no case is made out for regularization in service and learned counsel for the appellants also could not draw our attention to any of the Rules by which the persons appointed on the post of Home Guard could have been appointed on the post of Typist. 4. Learned counsel for the appellants submitted that a letter was issued by the District Commandant, Bihar Home Guards, Hazaribagh wherein it has been communicated that the persons who have served for more than 180 days, their services shall be regularized. 5. We are unable to accept such contention in view of the fact that the services of the persons, if are governed by rules, then those rules are not stand amended by such type of communication. 6. In view of the above reasons, we do not find any merit in this L.P.A. Hence, the L.P.A. is dismissed.