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2009 Supreme(Pat) 230

JAYANANDAN SINGH, SHIVA KIRTI SINGH
Ashok Kumar, Son Of Sri Ramchandra Sah – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

Shiva Kirti Singh and Jayanandan Singh JJ.

1. Heard the parties in respect of all these five Letters Patent Appeals.

2. The orders of the learned Single Judge dismissing the writ petitions filed by the appellants are under challenge in these appeals. In all these cases which relate to appointment to Class III or Class IV posts in the Notified Area Committee, Fatwa, District Patna, the question is - whether appointment of the writ petitioners on daily wage basis or on ad hoc basis or on proper pay scale but without following mandates of Articles 14 and 16 of the Constitution of India and the rules of appointment will confer the petitioners with right to hold the posts as permanent employees or not. In some cases there is an additional issue as to what would be the effect of such employees being declared regularized in services soon after their entry in the manner noticed above.

3. The writ court in these cases has dismissed the writ petitions by holding that since the constitutional provisions and rules of recruitment were not followed hence the appointments are void and cannot be regularized. In that view of the matter, the orders terminating services of the writ petitione
















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