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, Sah