JUDGEMENT

Date : 18-03-2024 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the Muzaffarpur Municipal Corporation.

2. The present writ petition has been filed for directing the respondents to regularize the services of the petitioners on Class IV posts in Muzaffarpur Municipal Corporation in terms of the laws laid down by the Hon’ble Supreme Court in case of Secretary, State of Karnataka and Others vs. Uma Devi(3) and Others reported in 2006 (4) SCC 1 and further direction upon the respondents to restrain the respondents from terminating the services of the petitioners on Class IV posts.

3. Learned counsel for the petitioners submits that the Muzaffarpur Municipal Corporation was created in the year 1981 and keeping in view of the exigencies of work load, the petitioners were engaged as daily wage workers on different Class IV posts from the date as mentioned in paragraph no. 4 of the writ petition.

4. Learned counsel appearing on behalf of the Muzaffarpur Municipal Corporation submits that one writ petition bearing CWJC No. 3533 of 2001 was filed on behalf of 83 persons engaged in the Corporation between 1983-89 seeking direction for their absorption on permanent basis and regularizing their services from the date of their original appointment. The writ petition was disposed of vide order/judgment dated 27.08.2014 in the following terms :-

“In view of the facts and circumstances, I dispose of this application with a direction to the Municipal Commissioner, Muzaffarpur Municipal Corporation to consider the individual cases of regularization of these petitioners in accordance with law within a period of three months from the date of preparation of roster. This is indicated that as per their own undertaking the reservation roster points will be prepared within a period of one month. I must indicate that while considering the cases of the petitioners, the respondents shall keep in mind the ratio of Supreme Court judgment in case of Secretary, State of Karnataka vs. Uma Devi reported in 2006(2) PLJR(SC) 363 as well as Full Bench of this Court in case of Ram Sewak Yadav vs. State of Bihar reported in 2013 (1) PLJR 964.”

5. Learned counsel for the Corporation submits that in consonance with the direction passed in CWJC No. 3533 of 2001, in the course of compliance with the order dated

27.08.2014, applications were sought from all the working employees on muster roll, vide Memo No. 1554 dated

29.07.2015, whereby they were asked to provide the details of their age, appointment, qualifications, residence of proof, caste, category and other documents in support of their claim. The last date for submission of applications was fixed as 05.08.2015.

6. Thereafter, cadre wise provisional seniority list of the muster roll employees, issued vide Memo No. 1679 dated 04.08.2015 was notified on the Notice Board, and while doing so objections were invited from the employees, which was directed to be submitted within a fixed time period.

7. Learned counsel for the Corporation further submits that a Seven Men Committee was also constituted for the purpose of regularization of muster roll employees and they were asked to remove the names of such muster roll employees who have either been discharged from services, or have been appointed after 11.12.1990 or have died, or are below 18 years of age. The said committee after considering the applications submitted by the concerned employees, gave its finding to the effect that out of 946 sanctioned posts against 43 cadres, 120 posts in 18 cadres were available for being filled up from the muster roll employees. These roster for 120 vacant posts was approved by the Government. The committee further found that 170 employees had worked without any break for