Banaras Prasad, Son of Sri Dahu Mahto vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 479

P. B. BAJANTHRI, HARISH KUMAR
Banaras Prasad, Son of Sri Dahu Mahto – Appellant
Versus
State of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Prakash Sahay, Advocate Mr. Sudhir Kumar, Advocate
For the Respondent: Mr. Anjani Kumar, Mr Deepak Sahay Jamuar, adv

JUDGMENT :

HARISH KUMAR, J.

The Challenge in the present Letters Patent Appeal is to the order/judgment dated 01.12.2017 passed by the learned Single Judge in C.W.J.C. No. 12 of 2017, wherein the prayer of the writ petitioners-appellants herein for regularization of their services with effect from the date of initial appointment has been turned down.

2. Undisputedly, all the four appellants have been regularized in service vide order as contained in Memo No. 646 dated 04.03.2016 issued by the Chief Engineer, Water Resources Department, Bhagalpur. However, being aggrieved to the extent whereby the order makes the regularization prospective and not from the date of their initial appointments or at least with effect from 01.02.1999 when they were granted minimum scale of pay to Class-IV employees in the light of the judgment and order passed by this Court in a batch of writ petitions vide C.W.J.C. No. 12 of 2017.

3. Before considering the propriety of the order under appeal, the matrix of the fact for proper appreciation of the issue is/are that the writ petitioners-appellants were working on daily rate worker under Water Resources Department and they were getting wages on daily rate basi

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