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PARTHA SARTHY
Awadhesh Kumar – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J. – Heard Mr. Shiv Kumar, learned counsel for the petitioner and Mr. P.K.Verma, learned Additional Advocate General-3 for the State of Bihar.
2. The petitioner has filed the instant application for quashing the order dated 8.10.2012 passed by the Principal Secretary, Public Health Engineering Department (PHED), Government of Bihar whereby as a result of lack of available post, the prayer of the petitioner for absorption/regularisation of his service on the post of Electrician was rejected. It has been prayed that the respondents be directed to absorb/regularise the service of the petitioner on the post of Electrician w.e.f. 30.11.2006 and to give benefit of Assured Career Progression (ACP) scheme to the petitioner as has been given to similarly situated persons including those junior to him.
3. The case of the petitioner in brief is that he was appointed on 1.6.1980 as a daily wage worker in the PHED on the post of Pump Operator. By order dated 14.3.1988, he was absorbed under the work charge establishment w.e.f. 13.1.1988. Pursuant to the decision taken by the Establishment Committee in its meeting held on 17.12.1996, the petitioner was appointed as Electrician and p
Employees serving over ten years without unlawful intervention are entitled to pension benefits, even if prior appointments were irregular. Bureaucratic failure to regularize should not impede legal ....
Promotion from non-gazetted to gazetted posts requires statutory provisions; absence of such rules denies entitlement to promotion.
Appointment on the basis of absorption is impermissible and acquittal in a criminal case does not confer the right to claim absorption with retrospective effect.
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner fail....
The court ruled that arbitrary rejection of absorption applications based on age and literacy violates constitutional rights, mandating equal treatment for similarly situated employees.
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