ORAL JUDGMENT

Date : 15-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner submits that the present writ petition has been filed for quashing the order contained in Memo No.345666 dated 01.01.2018, passed by the Secretary, Rural Development Department, Government of Bihar, Patna, annexed in Annexure -19 of the present writ petition by which the claim of the petitioner has been rejected for regularization of the service ignoring the order dated 21.06.2016 passed in by this Hon’ble Court in CWJC No. 8469 of 2011.

3. This case has a long history as submitted by counsel for the petitioner that the petitioner started his career in the year 1985 as a jeep driver in the government vehicle. He was appointed as a jeep driver, in Rotas Collectorate establishment on 01.03.1985 on a daily wage basis, and upon his satisfactory service, his name was entered on 15.05.1986 in Register-XXX maintained for daily wage employees in District Treasury (Zila-Nazarat) of the district of Rohtas. A certificate in this regard has also been issued by the Deputy Collector (Nazarat) of Rohtas on 02.07.1990 showing that the petitioner had been working on the post of jeep driver on daily wages from

15.05.1986 to 02.03.1988.

4. Learned counsel further submits that the petitioner continuously worked as a Jeep driver in Zila Nazarat till 02.02.1988. Thereafter, his services were transferred vide Memo No. 149, dated 03.03.1988 of the office of S.D.O., Sasaram to the Dehri Block where he worked in the capacity of Jeep driver from 03.02.1988 to 30.09.1989. Again, by the order of the Collector, Rohtas his service was transferred vide Memo No. 633, dated 06.02.1989 of the Deputy Collector (Nazarat) to District Nazarat under the order of Colloector-cum-District Magistrate, where the petitioner worked continuously as Jeep driver from 01.10.1989 to 22.03.1994. The Block Development Officer, Dehri, vide his letter No. 2132 dated 27.12.1990 communicated the certificate of continuous service of the petitioner by the Deputy Collector (Nazarat), Rohtas. Thereafter, his services were transferred temporarily to the Department of National Rural Employment Programme for driving a road- roller till permanent arrangement of Roller-Driver vide Memo No. 746, dated 26.03.1994 issued by the Collector-cum-District Magistrate, Rohtas and the petitioner remained in service there without break w.e.f. 23.03.1994 up till now. After completing of 9 years of service from 1985 to 1994, he was directed to function at Nasiriganj Block, and from 1994 to 2004, he continuously worked in Nasiriganj Block. It has been submitted that the petitioner has continuously worked for the different offices of the Rohtas district for about 26 years continuously.

5. Learned counsel for the petitioner further submits that in the years 1996-1997, a panel was prepared in the said panel of daily wages, the name of the petitioner was figured at serial number 4. During his work at NREP, Rohtas, his wages were stopped. Therefore, he filed CWJC No. 7144 of 1998 praying for payment of his wages after service of notice, the wage of the petitioner was paid up to October 1998. Thereafter, in the said order, the observation for regularization has also been directed in the following way:-

“So far as regularization of service of the petitioner is concerned, in absence of guideline, no such finding can be given. However, if the post of Roller Driver is sanctioned/vacant, the respondents cannot proceed with the ad hoc arrangement for years together. In such cases, if the petitioner files a representation before the competent authority showing the vacancy the authorities will fill up the said post on regular basis after consideration of the case of the petitioner along with others.

In the matter of regularization, the petitioner should be given weightage over outsiders in terms with Government decision dated 22nd April, 1997 and appropriate relaxation of age, if s