ORDER

The present writ application has been filed for a direction to the respondents to re-appoint the petitioner on the post of Peon in Bhabhua Road Division, Bhabhua along with all consequential benefits.

2. The brief facts giving rise to the present writ application is that petitioner was appointed earlier as Daily Wager on the post of Peon and she started working before the Executive Engineer, Sahabad Road Division, Road Construction Department, Arrah w.e.f. 29.12.1993. It is further case of the petitioner that the petitioner worked as a Daily Wager from 21.12.1993 to October, 1995 on the post of Peon. The petitioner has further stated in the writ application that the petitioner was subsequently appointed on the post of Peon on a substantive vacant post on provisional/ad hoc basis on 9.3.2000 for a period of three months by the Superintending Engineer, Bhojpur Road Circle, Road Construction Department, Arrah vide appointment letter dated 9.3.2000 (Annexure-2 to the writ petition). The petitioner joined on the post of Peon on 9.3.2000 itself in Bhabhua Road Division, Road Construction Department, Bhabhua. On 2.6.2000 petitioner submitted her representation before the Superintending Engineer, Bhojpur Road Circle, Road Construction Department, Arrah through proper channel and requested him to re-appoint on the vacant post of Peon on the ground that she satisfactorily discharged her duties upon which the Executive Engineer, Bhabhua Road Division, Road Construction Department, Bhabhua on 2.6.2000 recommended for appointment of the petitioner on the vacant post of Peon. The contention of the petitioner is that in spite of recommendation of the Executive Engineer, Bhabhua Road Division no order was passed by the Superintending Engineer, Bhojpur Road Circle because at that time the then Superintending Engineer, Bhojpur Road Circle was under suspension and the post of Superintending Engineer, Bhojpur Road Circle was vacant for about six months. Accordingly, neither the service of the petitioner was extended nor any order was passed for re-appointment of the petitioner after expiry of period of three months. The petitioner thereafter filed representation before the Hon’ble Chief Minister, Government of Bihar, Patna on 14.11.2003 with a request for a direction that the Superintending Engineer be directed to extend/re-appoint the petitioner on the post of Peon. Upon the said representation Additional Secretary, C.M. Secretariat, Bihar requested to Chief Engineer, Road Construction Department to take appropriate action. The petitioner thereafter submitted various representations before different authorities in the year 2006, 2007, 2012, 2016, 2017 etc.

3. A counter affidavit has been filed by the respondent – State stating therein that the claim of re-appointment of the petitioner is not sustainable in law and facts inasmuch as the petitioner has raised elusive claims with misleading facts. The counter affidavit further states that the petitioner was appointed only for three months purely on provisional/ad hoc/tenure basis hence after expiry of three months period the appointment of the petitioner had come to an end by efflux of time. The respondent – State further contended that the petitioner had worked as Daily Wager for a short period i.e. 24 days in the month of February, 1995 and in the month of May, 1995 for which she was paid Rs. 576/- and Rs. 701/- respectively and the same would be evident from perusal of service record of the petitioner which has been enclosed as Annexure- ‘A’ to the counter affidavit. The counter affidavit thus states that the petitioner had not even worked for 240 days as Daily Wager continuously. Annexure- ‘C’ to the counter affidavit is the letter issued by Executive Engineer, Bhabhua Road Division, Bhabhua addressed to Deputy Secretary, Road Construction Department, Government of Bihar, Patna dated 5.10.2012 stating therein that petitioner was appointed on ad hoc basis for three months and after expiry of