Partly allowed

Ajay Kumar Choudhary v. the State of Bihar and Ors.

Patna HC19 Feb 2009CWJC/10005/2002

Case brief

AI extract

What is this about?

The High Court held that a panel for appointment cannot exceed one year under Article 14 and denied the petitioner's claim for seniority based on an expired 1994 panel. However, the Court ordered the respondent to pay daily wages for 40 days within one month.

What did the court decide?

Directing the respondent to pay the petitioner's wages for 40 days within one month of receiving a copy of this order.

Ajay Kumar Choudhary Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2009)

¶1

 IN THE HIGH COURT OF JUDICATURE AT PATNA
 CWJC No.10005 of 2002
 AJAY KUMAR CHOUDHARY
 Versus
 THE STATE OF BIHAR & ORS
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19.02.2009 Heard learned counsel for the petitioner and the

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State.

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The claim for consideration for appointment is based on the panel of 1994. The law stands settled that no panel can have life beyond one year. If that be so the question of giving seniority to any person because his name being in the earlier panel is contradictory to the law that every panel is a fresh panel prepared annually. This is the mandate of Article 14 of the Constitution of India. To that extent, this Court finds no merit in this application. Counter affidavit in paragraph 9 conceedes that daily wages for 40 days is payable as dues and if he comes to the office he shall be paid.

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If the petitioner approaches the Respondentauthority along with a copy of the present order, this Court expects that the Respondents shall pay his wages for this period of 40 days within a maximum period of one month from the date of receipt and/or production of a copy of this order.

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The writ application is allowed only to the extent indicated above.

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(Navin Sinha, J.)

¶8

AKS/

Ajay Kumar Choudhary v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ajay Kumar Choudhary v. the State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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