Long-term employees cannot be denied regularization based on non-sanctioned posts if their qualifications meet requirements, protecting natural justice principles under employment law.

JUDGMENT :

Ajit Kumar, J.

Heard Mr. Lalan Kumar, learned counsel for the petitioner and Mr. Prabhakar Jha, learned counsel appearing for Respondent State duly assisted by Mr. Shankar Kumar Thakur, AC to GP-27.

2. The instant writ petition has been filed for the following relief(s):-

(i) In the nature of certiorari for setting aside the order as contained in memo no. 11/Mu 1-115/2010-1966 dated 08.08.2017 (Annexure -21) whereby and whereunder the regularization of the services of the petitioner as Clerk-cum- Librarian at Rajkiya High School, Hasanpur at Lakhisarai has been rejected.

(ii) In the nature of mandamus directing and commanding the respondent authorities to regularize the services of the petitioner on the post of Clerk-cum-Librarian in the aforesaid school from the date since which the said school has been recognized by the Government.

(iii) In the nature of mandamus directing and commanding the respondent authorities to pay the petitioner his entire salaries from the date of recognition till date as he has not been paid a single farthing for the period he has worked since the date the school has been taken over till date up to when he has been working in the school and was not allowed to mark the attendance after 2010.

(iv) For any other relief for which the petitioners is entitle in the facts and circumstances of the instant case.

SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the petitioner submits that the petitioner was initially appointed to the post of Clerk-cum- Librarian by the Managing Committee of Rajkiya High School, Hasanpur, Lakhisarai, in accordance with Resolution No. 3 passed in Meeting No. 66 dated 15.03.1982, consequent to this resolution, an appointment letter bearing Letter No. 09 was issued on 15.03.1982 (Annexure-1 and 2), following which the petitioner joined his duties on 21.03.1982, which was duly accepted by the Head Master of the school (Annexure-3). The petitioner’s services were subsequently confirmed by the School Managing Committee vide Resolution No.70 dated 21.01.1983 (Annexure-4). It is further submitted that the school in question was subsequently taken over by the Government, with formal decision taken vide Letter No. 12/0-14/9/205 dated 31.03.1991 (Annexure-5).

4. It is further contended that owing to non-payment of salary after the school’s takeover, the petitioner, along with other staff members, approached this Hon’ble Court in CWJC No. 2213/1994, which was disposed of on 31.07.1995 with a direction to the Director, Secondary Education, to take a final decision in the matter (Annexure-6). Pursuant to which several representations were filed but no decision was taken leading to filing of contempt petition being MJC No. 932 of 1996 and in order to decide the issues of salary, an inspection was conducted on 15.03.1997 by the Deputy Director of Education, and a report was forwarded to the Director, Secondary Education, vide Letter No. 539 dated 09.04.1997, wherein the petitioner’s name was explicitly recommended at Serial No. 7 (Annexure-7). However, the petitioner was shocked to find that when the Department of Secondary, Primary, and Adult Education issued Letter No. 639 on 08.05.1997, appending a list of recognized and unrecognized staff, his name was arbitrarily omitted from both categories (Annexure-8).

5. Learned counsel on behalf of the petitioner further highlights that the petitioner continued to discharge his duties with an unblemished record, as evidenced by a character certificate issued by the Head Master