PATNA, India, April 23 -- Patna High Court issued the following judgment on March 23:

1. Heard the parties.

2. The present writ petition has been filed for the following reliefs:

"That the petitioner above-named craves indulgence of this Hon'ble Court by way of issuance of any appropriate writ preferably in the nature of the Mandamus commanding and directing Respondents concerned to regularize the services of the petitioner on the post of Amin on regular pay-scale under the service of Respondent Zila Parishad, as the petitioner has continuously been working as Amin under Zila Parishad, Samastipur on daily wages basis since 2001-2002 whereafter vide Memo No.803 dated 26.03.2007 issued from the level of Respondent D.D.C. the petitioner has been appointed on contractual basis in fixed pay on vacant post of Amin considering the exigency of work and long service rendered by the petitioner, where-after even for times without number recommendation for regularization of the petitioner has been made, but nothing has been done in this regard whereas several other daily wagers employees have been regularized in the service of Zila Parishad. And/or any other relief or reliefs for which the petitioner is found entitled to in the facts and circumstances of this case."

3. The brief facts giving rise to the present writ petition are that the petitioner being found eligible was appointed as a Amin under Zila Parishad, Samastipur on daily wages basis, considering the need and the vacancy, by the respondent D.D.C.- cum-Chief Executive Officer, Zila Parishad, Samastipur. The petitioner continuously discharged his duties as a daily wage Amin under the services of Zila Parishad till 2007. The matter with regard to regularization of the services of the petitioner was sent by the Zila Parishad to the Government for approval and guidelines, whereupon vide Letter No. 3683 dated 25.09.2006 issued under the signature of the Director, Panchayati Raj, Bihar, Patna addressed to the D.D.C.- cumChief Executive Officer, Zila Parishad, Samastipur, it was directed that the decision with regard to the petitioner be taken at the level of the Zila Parishad itself and it is not possible to give guidelines in the present matter. Even in the meeting of the Zila Parishad, resolution was taken to regularize the services of the petitioner, on different occasions, but no decision was taken by the authorities of the Zila Parishad, with regard to regularization of the services of the petitioner. Subsequently, vide Memo No. 803 dated 26.03.2007 issued under the signature of the D.D.C. -cum-chief Executive Officer, Zila Parishad, Samastipur, the petitioner was appointed on Contract Basis for 11 months on a fixed remuneration of Rs. 4000/-. In the said memo, it was clearly mentioned that the engagement will be temporary in nature and the petitioner will not be entitled for any government benefits and he will have to give an undertaking/affidavit to the effect that he will not claim for any regularization in future and his services can be terminated without assigning any reason.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjMTk4OTUjMjAxMyMxI04=-6kk8CNAzTz0=)

Disclaimer: Curated by HT Syndication.