S.J. Mukhopadhaya, J.

1. The petitioner has preferred this application against the order No. 810 dated 13.7.1999 whereby and whereunder giving reference to Finance Departments Circular No. 5074 dated 20.9.1990, the Chief Engineer. Subernarekha Multipurpose Project. Jamshedpur while rejected the application of petitioner for grant of regular scale, terminated his service.

2. The case of the petitioner is that he was engaged on daily wage as Jeep Driver on 11.10.1980 and was deputed to perform duty under S.D.O., Dalbhum, Jamshedpur. Subsequently, he was given appointment as Jeep Driver in the regular scale in the work charged establishment vide Office order No. 2559 dated 31.12.1985 issued by the Chief Engineer, Subernarekha Project, Jamshedpur. He was transferred to Subernarekha Canal Division, Gangudi vide Order dated 7.2.1997 and was also allowed annual increment vide office order No. 89 dated 7.2.1997 and Memo No. 828 dated 29.10.1999.

3. The Bihar Rajya Nadi Choti (sic) Sinchai Karmachari Sangh preferred a writ petition before this Court, being CWJC No. 644/97 (R) for regularisation of service of Jeep Driver of Water Resources Department. It was disposed of 26.6.1997 with direction to concerned respondents to decide the representation.

The petitioner also represented for taking him for the regular establishment but it was rejected by impugned Memo No. 810 dated 13.7.1999.

The Chief Engineer, Jamshedpur has shown number of grounds to reject the application vide impugned Memo No. 810 dated 13.7.1999. One of the grounds taken that the persons were appointed after 21.10.1984, though there was bar of appointment made by Circular No. 5074 dated 20.9.1990. The other ground to reject the claim was based on reference of Water Resource Departments letter No. 309 dated 30.1.1997.

4. The case was taken up on 19.9.2000 when it was brought to the notice of the Court that the State of Bihar framed condition of service in respect to work charged employees fide F.D. Memo No. 1344 dated 4.2.1949, having forced of Rule framed under Proviso to Article 309 of the Constitution of India, in view of the State Governments Notification No. 2555/3127/50 dated 15.4.1950. In terms of the aforesaid statutory Rule of 1949, if a post in work charged establishment continues for a number of years, to be taken in permanent establishment and the incumbent having more than one year of satisfactory work is entitled to be taken in the permanent establishment. Counsel for the State of Bihar was directed to obtain instruction as to why in terms with 1949 Rule, the service of the petitioner be not taken in the regular establishment of the State, having worked in work charged establishment since long.

5. The respondent Nos. 1 to 6 filed a counter-affidavit opposing the prayer made in the writ petition. According to them, the petitioner worked as work charged driver from 1.1.1986 to 23.7.1999 on ad hoc basis and in terms with the direction of the Court, the representation was considered and rejected vide impugned order dated 13.7.1999. One or other fact stated and certain ground though taken. The question on which it was asked to reply vide order dated 19.9.2000 has not been dealt with.

6. The fact not in dispute that the petitioner was engaged in the work charged establishment since 1.1.1986 and continued till impugned order was issued.

The only question arises as to whether he accrued certain right to be taken in the regular, establishment and the ground given in the impugned order are good or not.

Admittedly, there are two establishments under the respondents, one work charged and the other regular.

The respondents-State of Bihar issued guidelines from time to time laying down conditions of service of work charged employees including the manner in which they are to be taken in the regular establishment.

7. The State Government from Finance Department issued Memo No. 1344 dated 4.2.1949 laying down condition of service of work charged employees, as set out here-under :