Ramchit Singh And Ors vs State Of Bihar And Anr

Heard learned counsel appearing for the appellants as well as learned AC to AAG-5 appearing for the State.

Appellants are aggrieved by the impugned order dated 26.03.2018 passed by learned Single Judge in CWJC No. 130 of 2015 by which and whereunder learned Single Judge dismissed the above-stated writ petition filed on behalf of appellants.

Appellants are un-skilled laborer and they were appointed by the concerned Engineer under a scheme of the government for certain period, but after their appointment, the State Government framed Bihar PHED, Pump Operator/Electrician (Recruitment and Service Conditions) Rules, 2014 on 08.09.2014.

The grievance of the appellants is that up till now, no appointment in pursuant to the above-stated Rules, 2014 has been made by the concerned department, but in spite of that the officials of the concerned department are giving threatening to terminate the appellants, though, they are still working as un-skilled laborer with the concerned department. Learned counsel for the appellants submits that learned Single Judge of this court in CWJC No. 3521 of 2014 has given similar relief to some other persons vide order dated 04.03.2014. Admittedly, when the learned Single Judge in CWJC No. 3521 of 2014 passed the order, the Bihar PHED Pump Operator/Electrician (Recruitment and Service Conditions) Rules, 2014 was not in force and, therefore, it appears that in absence of any specific rules, the learned Single Judge passed the order in CWJC No. 3521 of 2014.

It is an admitted position that the appellants have not been appointed as per newly framed Rules, 2014 and, therefore, in our view, the learned Single Judge rightly dismissed their writ petition.

Therefore, we are not inclined to interfere into the findings given by the learned Single Judge while passing the impugned order dated 26.03.2018. Accordingly, this Letters Patent Appeal stands dismissed. However, the appellants may raise their claims before the concerned authorities, if any appointment is made, in accordance with the Bihar PHED, Pump Operator/Electrician (Recruitment and Service Conditions) Rules, 2014, and if the appellants are found eligible for engagement/appointment, the concerned authorities shall give preference to the appellants.