PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:.

The present intra court appeal has been filed against the judgment dated 17.01.2022, passed by the learned Single Judge of this Court in CWJC No. 1046 of 2021, whereby the writ petition was disposed of with a liberty to the appellant/petitioner to file a representation before the concerned authority.

2. As per the facts on record, the Appellant, retired from the post of Road Mate-cum-Chowkidar under the Works Division, Sheohar. He initially joined as a daily wager in the year 1981, removed on retrenchment, but he was re-engaged in December 1984, and thereafter continuously worked from March, 1985. Despite repeated representations, his services were never regularised, although similarly placed employees were regularised in the year 1986. He continued to render his services, but no order of regularisation issued in his favour. The appellant/petitioner moved to this Hon'ble Court in CWJC No. 4103/1993, wherein he was held entitled to minimum pay scale benefits. Subsequently, the Establishment Committee decided to regularise him in the year 1996, but his absorption was made only in work-charge establishment and it was cancelled in the year 2000, reverting him as a daily wager. This led to another round of litigation by the appellant in CWJC No. 3211/2004 which was allowed vide order dated 25.05.2006. The State assailed the order of the writ court to the Hon'ble Supreme Court, and the appeal was dismissed. The appellant, however, continued only as work-charge staff till the date of his retirement.

3. The appellant again filed a writ petition vide CWJC No. 7777/2013, whereby the Hon'ble Court issued a direction to consider the case of his regularisation. The departmental authorities, however, rejected his claim vide memo dated 28.02.2017, which was later contested in a contempt proceeding and a liberty was given by the Hon'ble Court to seek further relief. The appellant retired on 31.12.2013, and no retirement benefits have been granted to the Appellant.

4. The writ-petitioner, Mohammadin Ansari @ Muhammddin Ansari had preferred the writ petition (CWJC No. 1046 of 2021) for the following reliefs:-

"(i) For issuance of a writ in the nature of mandamus directing and commanding the respondent to treat the services of the petitioner as a regular employee under the State Government in the light of judgment of this Hon'ble Court passed in the case of Pawan Kumar Srivastava and others as reported in 2011(2) B.L.J. 345 as also the Full Bench Judgment of the Hon'ble Jharkhand Court passed in the case of Ram Prasad Singh as reported in 2005 JLJR 38 and thereby to pay the retiral benefits including pension, gratuity, leave encashment and A.C.P. upon granting him the benefit of regularisation after completion of 10 years' service under work charge establishment in the department.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM5MSMyMDIyIzEjTg==-oSVtIR9Sl48=

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