Employees working in the work-charge establishment for more than one year are deemed to have become members of the permanent establishment of the State Government, and their promotions to permanent posts are appropriate.

Barin Ghosh, J.

1. LP.A. No. 710 of 2004 has been preferred against the judgment and order dated 8.4.2004 passed by the writ court in C.W.J.C. No. 1939 of 2003*. L.P.A. No. 836 of 1997 has been preferred against the judgment and order dated 8.5.1997 passed by the writ court in C.W.J.C. No. 2524 of 1996t.

2. The subject matter of challenge in C.W.J.C. No. 1939 of 2003 was the decision dated 26th June, 2002 by which the promotions of the petitioners in the said writ petition to the posts of Clerk/Assistant with effect from 1 st June 1973 were cancelled. It appears to have been admitted in the writ petition and in respect whereof no dispute has been raised before us that the writ petitioners in C.W.J.C. No. 1939 of 2003 were originally engaged as majdoors in the work-charge establishment on 24th April, 1968. Thereafter they were promoted to the post of Clerk/Assistant with effect from 1st June, 1973, which promotion/ appointment was regularised thereafter.

3. By the impugned order dated 26th June, 2002 the petitioners in C.W.J.C. No. 1939 of 2003 were reverted back to the original post of majdoor in the work-charge establishment holding out principally that promotion in work-charge establishment is not permissible and on top of that promotion in the permanent establishment of an employee working in an inferior post in the work-charge establishment is also not permissible. By the impugned order dated 8th April, 2003 the writ petition was allowed and the impugned order dated 26th June, 2002 was quashed.

4. In C.W.J.C. No. 2524 of 1996 almost on identical facts the writ petitioners failed to succeed before the writ court. Accordingly, the writ petitioners in C.W.J.C. No. 2524 of 1996 preferred L.P.A. No. 836 of 1997; whereas the State Government preferred L.P.A. No. 710 of 2004 against the order dated 8th April, 2003 passed in C.W.J.C. No. 1939 of 2003.

5. Inasmuch as, the facts of these cases are almost identical and accordingly law applicable thereto are also identical, we have decided to dispose of both appeals by this common judgment.

6. There is no dispute that there is a great difference between work-charge establishment and permanent establishment of the State. Whereas permanent establishment is permanent and will continue for ever; the work-charge establishment is for a temporary purpose to complete the work for which the establishment has been established. Accordingly, a person engaged to discharge the duties of a work-charge establishment will loose his requirement the moment the work of that establishment would come to an end. In those circumstances admittedly there is a great difference between an employee working in the work-charge establishment and an employee working in the permanent establishment. Their rights and status are fundamentally different.

7. However, while issuing the order impugned in these writ petitions the authorities concerned incorrectly proceeded on the basis that the petitioners in those writ petitions were employees of the work-charge establishment.

8. On 4th December, 1949 the State Government incorporated in P.W.D. Code volume-1, the condition of work-charge establishment and thereby provided, amongst others, that the post of work-charge establishment which are of permanent nature, i.e. required for 12 months in a year and for long and indefinite period, will be made permanent and included in the permanent establishment and men employed on these posts, having one years approved service will be included amongst permanent Government employees.

9. Subsequent thereto Government of Bihar published a Gazette notification on 16th April, 1950 and thereby notified its decision dated 15th April, 1950 to incorporate the following, as a rule made under proviso to Article 309 of the Constitution of India"all the enactments, rules and orders, whether made under any enactment or otherwise, which regulated the recruitment and conditions of service of persons appointed to public services and posts in con