Tej Narayan Yadav vs The State of Bihar and Others

Navin Sinha, J.—The claim in this writ application by the petitioner, who is stated to have been appointed as daily wages peon (Daftari) in l983 is for confirmation.

It has been noticed from the submissions in the order dated 9.3.2007 that of the four posts of Daftari, two were still vacant.

In view of the aforesaid submission, the Respondents were liable to file a supplementary counter affidavit, but, no supplementary counter affidavit has been filed.

4 Considering that the petitioner is working since 1983, this writ application is disposed of in terms of paragraph 44 of the judgment of the Supreme Court in the case of Secretary, State of Karnataka and Others Vs. Umadevi and Others, to take a decision with regard to the regularization of the petitioner as a one time measure. He admittedly having worked for more than 10 years as claimed on the sanctioned post, not controverted by the Respondents. From the pleadings it is also clear that he has continued to work as such since 1983 not under the cover or protection by orders of any Court or Tribunal.

Let such decision be taken by the Respondents within a maximum period of 12 weeks from the date of receipt and/or production of a copy of this order.

In the event of order prejudicial to the petitioner, the respondents shall be required to pass a reasoned and speaking order.