Work-charged employees are entitled to the same conditions of service as temporary government servants, including the benefits of time bound promotion.

S.J.Mukhopadhaya, J.

1. The petitioner, a work charge employee in PHED, moved before this Court for direction on the respondents to consider his case for absorption/regular appointment in regular establishment and for promotion to next higher grade, on time bound promotion, in terms with government decision.

2. The brief fact of the case shows that the petitioner, an Ex-Army personnel, was appointed treasure Guard (Bhandar- Prahari) on daily wage basis for a period of three months by order dated 24th November, 82, in the work charged establishment. Subsequently, he was appointed in the regular scale of pay, against the said post on 25th July, 85, in the said work charged establishment. Till date he having not taken in the regular establishment, preferred the present writ petition.

3. The respondents in their counteraffidavit has opposed the prayer; according to them in terms with circulars issued by the State the work charge employee who had completed 5 years of service on 21st October, 84 are to be taken in regular establishment in terms with policy/guideline of the State. The petitioner having not completed 5 years of service on 21st October, 84 is not entitled for such benefit.

4. Reliance was placed on circular No. 1503 dated 27th March, 87 to show that the services rendered in the work charged establishment cannot be counted for time bound promotion. Submission made on behalf of the respondents that in terms with aforesaid circular if the period rendered in the work charged establishment cannot be counted for time bound promotion, the employees working in the work charged establishment cannot claim benefit of time bound promotion.

5. Admittedly, in the respondents State there is one work charged establishment and another regular establishment, in its works department, including PHED. Circulars have been issued from time to time relating to condition of services of work charge establishment employees, including the manner in which they are to be taken in the regular establishment.

6. State Government from its finance department initially issued memo No. 1344 dated 4th February 49, laying down the condition of services of employees of the work charge establishment, which reads as follows:-

(See Malhotras Bihar PWD Code, Page, 137) Vide F.D. Memo No. 1344 dated 4.2.1949.

"Subject Revised condition of service of work-charge establishment.

"The existing distinction of service of work-charged establishment temporary and permanent establishment and daily labour as given in the PWD Code and PWD Accounts Code will be maintained but the conditions of service of work-charged establishment will henceforth be indentical with those of temporary Government servants. The post of work-charge establishment which are of permanent nature, that is required for 12 months in the year and for long and indefinite period will be made permanent and included in the permanent establishment and the men employed on these posts having one years approved service will be included amongst permanent Government employees. Details in this connection are being worked out and till this is done the conditions of service applicable to temporary government servants will apply to all work-charged posts".

7. The aforesaid circular deemed to be a rule under proviso to Article 309 of the Constitution of India made in pursuance of State Governments resolution as shown hereunder:-

Bihar Gazette P.T. 2(H)- No. 17 dated 26th April, 1950 Political and Appointment Department Notification dated 15th April, 1950 No. 355-3L- 27/50A.

"In exercise of the power conferred by the proviso to Article 309 of Constitution of India, the Governor of Bihar is pleased to make the following rules, namely : "All enactments, rules and orders, which are made under any enactment or otherwise, which regulated the recruitment and condition of services of persons appointed through public services and posts in connection with the affair which are not the affair of the State of Bihar and whi