Employees of work charged establishment, even after regularisation, do not become permanent Government servants and are not entitled to regular promotion against substantive posts.

S. N. Jha, J.

1. In this writ petition the petitioners seek quashing of Annexures-1, 2 and 3. Annexure-1 dated 16-7-1994 is a communication from the water Resources Department to the heads of different Field Establishments directing cancellation or promotion, if any, granted to so called higher posts in the work charged establishment after regularisation of the employees of such establishment. Annexure-2 is a sample copy of show cause notice issued by the executive Engineer, Works Division, birpur, in the matter of proposed cancellation of promotion to five persons including some of the petitioners on whose behalf the writ petition was originally filed. Annexure-3 contains copy of the D. O. letter of the Engineer-in-Chief, Water Resources Department, dated 22-12-1995 for cancelling the promotion of the petitioners who figured as respondents in C. W. J. C. No.10216 of 1995, which had been filed challenging their promotion as Supervisor Grade I.

2. It may be stated here that the petitioners have filed as many as four amendment petitions challenging certain follow-up action taken pursuant to the aforesaid general decision of the state Government, some of which relate to the petitioners, some to others,

3. It may also be stated here that the writ petition was filed initially on behalf of 14 petitioners including Koshi project Workers Association and Gan-dak Project Workers Association, being petitioner Nos.1 and 2, and Punyadeo thakur, petitioner No.3. The names of petitioner Nos.4 to 14 were, however, deleted, suo motu, for reasons known to the petitioners vide order dated 28-11-1996.

4. Although the writ petition runs into over 300 pages and, as stated above, as many as four amendment petitions have been filed seeking different kinds of relief, and large number of documents have been brought on record, the point for consideration is short and simple. As indicated above, the petitioners were granted promotion as supervisor Grade I after their regularisation in the respective work charged establishment treating them to be regular employees of the State government. Later, when the said promotions were challenged in C. W. J. C. No.10216 of 1995 on the ground that they were juniors and the promotion amounted to supersession of the claim of the writ-petitioners of that case, the matter was examined and it transpired that their promotion as Supervisor grade I was illegal. The State Government took the view that in terms of the resolution dated 27-3-1987 the employees of the work charged establishments are entitled only to two time bound promotions on completion of 10 years and 25 years of service, respectively, and they are not entitled to regular promotion against substantive posts as they do not belong to the regular establishment of the department and are not regular employees of the State Government.

5. The Government order regularising the services of the employees of the Koshi Project and gandak Project as contained in memo no.1661 dated 20-8-1981 and memo no.445 dated 22-4-1982, respectively, are on the records of the case as Annexures 8 and 9 to the writ petition. It appears from perusal of the said two documents that the State Government had taken a policy decision, vide resolution No.5712 dated 25-5-1978 of the Irrigation (Water Resources)Department, that such employees of the work charged establishment, who had completed five years or more service upto 1-4-1977 and were continuing on the rolls be regularised. The aforesaid decision was given effect to with respect to employees working in work charged establishment of the Koshi Project and gandak Project by the aforesaid government order dated 20-8-1981 and 22-4-1982 respectively.

6. A dispute has been raised as to whether the aforesaid Government decision as contained in resolution No.5712 dated 25-5-1978 and the consequential Government order in Annexures-8 and 9 are to be construed as making the concerned employees permanent Government servants. In my opinion, havi