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2007 Supreme(Pat) 1607

ABHIJIT SINHA, S.N.HUSSAIN, NARAYAN ROY
Durganand Jha, Digambar Jha, Baikunth Mishra, Sri Mahendra Prasad, Ganesh Prasad Sah, surya Narayan Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Narayan Roy, J.

1. Heard counsel for the parties.

2. These matters were referred to Full Bench vide order dated 21.1.1998 by a Bench of this Court in C.W.J.C. No. 4177 of 1995.

3. The issues involved in these writ applications are:

(i) as to whether the employees working in Work Charged Establishment and promoted to Class III posts, their continuance in regular establishment would be violative of Articles of the provisions of Articles 14 and 16 of the Constitution;

(ii) whether the employees brought on regular side by promotion/regularisation can be reverted after long continuance of their services;

(iii) whether the employees already working in regular establishment on Class IV posts either on contractual or casual basis can be regularised/promoted on Class III posts without following the procedure and mandate of law, and whether the same exercise would be violative of Articles 14 and 16 of the Constitution.

4. Grievances of the writ petitioners are either against the order of reversion to their substantive posts or against the cancellation of their regularisation/promotion on Class III posts.

5. Initially, the plea was taken by the petitioners before the learned single Ju






























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