The settlement deed filed in the case lacked authorization and was incompetent, leading to its setting aside by the court.

1. The State of Bihar has filed the instant writ petition against award passed by Lok Adalat, Saharsa on 9.5.2006 on the basis of settlement deed dated 25.4.2006, filed in T.S. No. 104 of 2000, allowing the claim of respondent no. 1.

2. The petitioner states that respondent no. 1 Deo Narayan Yadav was appointed as Work Sarkar on ad hoc basis for four months by Superintending Engineer, PHED Circle, Saharsa vide office order No. 17, dated 21.3.1988 without any advertisement or sanctioned post. Respondent no. 1 joined on 20.3.1988. Pursuant to the Government decision fixing 1.1.1988, as cut-off date for regularization, the service of respondent no. 1 alongwith other ad hoc employees appointed after 1.1.1988 were terminated. Accordingly, the service of respondent no. 1 was terminated vide order no. 1535 dated 3.8.1988, as he was engaged/appointed after 1.1.1988. Again by letter no. 228 dated 12.10.1988 issued by the Chief Engineer (Design), PHED, Bihar, Patna, respondent No. 1 was appointed, to be terminated again in compliance of the departments letter no. 154 dated 4.4.1989. However, the respondent no. 1 was again appointed as Work Sarkar by the Executive Engineer, PHED, Saharsa in light of the department letter no. 220 dated 9.2.1990.

3. At this stage, the petitioner filed C.W.J.C. No. 5038 of 1991 for regularization of his service which was disposed of on 28.7.1992. This court noticing that there is nothing like appointment in case of daily wagers, but only an engagement, and as such the same would not confer any legal right. However, this court observed that if there is any vacant post, then that must be filled up by regular appointment. This court also Observed that at the aforesaid stage, the case of the petitioner alongwith all eligible candidates will be considered in accordance with law.

4. In the meanwhile, the Joint Secretary, PHED, asked for a list of persons appointed on Class-Ill and Class-IV posts after the cut-off date of 1.1.1988. In response thereof the Superintending Engineer, PHED Circle, Saharsa submitted a list of 63 persons including respondent no. 1. After due enquiry and show cause, again the services of all 63 persons including respondent no. 1 were terminated under order dated 13.2.1992. Against the order of termination, about 24 aggrieved employees out of 63 persons filed C.W.J.C. No. 121 of 1992. This writ petition too was dismissed by order dated 13.4.1992. The aggrieved persons filed S.L.P. No. 8259 of 1992 before the Honble Supreme Court. The appeal was admitted and the order of this Honble Court was stayed. A copy of order dated 13.4.1992 of Apex Court is at Annexure-1.

5. All the employees including respondent no. 1 were allowed to join by order dated 24.4.1993 and 7.12.1993 of the government, even though they were not the petitioners before the Apex Court. Finally, the Apex Court by its order dated 14.1.1997 dismissed the appeal. As the case of similarly placed employees were dismissed by the Honble Apex Court against the order of retrenchment, the services of respondent no. 1 and others were terminated vide order no. 5 dated 17.3.1998 issued by the Superintending Engineer, PHED, contained in Annexure-3.

6. The respondent no. 1 then filed a Suit No. 104 of 2000 praying inter alia to set aside the order of termination dated 17.3.1998. Respondent No. 1 prayed before the Sub-Judge to transfer the suit before the Lok Adalat which was objected by the learned A.G.P. The aforesaid fact is also evident in the order dated 20.8.2000 of the trial court. The case was subsequently transferred to the Lok Adalat. Respondent no. 1 in the meantime filed C.W.J.C. No. 9848 of 2003 which was considered alongwith C.W.J.C. 9839 of 2003 (Parijad Bhattacharya V/s. State of Bihar). This court directed the Chief Secretary, Bihar to look into the grievance of the petitioner. The case of respondent no. 1 was considered by the department and found that his alleged service itself was illegal.

7. On 25.4.2006 a settl