Disposed

Siya Manjhi and Ors. v. State of Bihar and Ors.

Patna HC10 Dec 2012CWJC/2291/1995

Case brief

AI extract

What is this about?

The Patna High Court disposed of a 20-year-old writ petition concerning daily wagers terminated for irregular appointment. The court held pleadings were insufficient to determine void versus irregular appointment and directed the petitioner to approach the State Government under a resolution issued in 2006.

What did the court decide?

Petitioner directed to move the State Government under Resolution dated 16.03.2006 for reconsideration of termination.

Siya Manjhi and Ors. Vs State of Bihar and Ors. — Service and Employment | Patna HC (2012)

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Patna High Court CWJC No.2291 of 1995 (8) dt.10-12-2012

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No 2291 of 1995

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=============== Siya Manjhi & Ors State of Bihar & Ors =============== Appearance : For the Petitioner/s	===================== Versus ===================== : Mr S R Sharan & Dr Tiwari,	================== .... .... Petitioner/s .... .... Respondent/s ================== Mankeshwar Advocates
=============== CORAM: HON’BL	===================== E MR JUSTICE NAVANIT ORAL ORDER	================== I PRASAD SINGH
8 10-12-2012	This writ petition has	been pending in this
Court for almost	two decades. It relates	to daily wagers in the
Irrigation Depart	ment.

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By this writ petition, they had sought direction as against the respondent-State not to retrench them rather regularize them in regular pay scale. They have been terminated. When this writ petition was initially taken up, it was directed to be listed after disposal of CWJC No 2290 and 2167 both of 1995. It appears the said two writ applications have been dismissed by judgment and order dated 06^th May, 2010 by this Court. Learned counsel for the petitioners submits that he has virtually lost touch with the clients as they were at that time employed in the Deoghar Irrigation Zone which is now a part of State of Jharkhand.

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Having considered the matter, in my view, no useful purpose would be served keeping this writ petition pending

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Patna High Court CWJC No.2291 of 1995 (8) dt.10-12-2012

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which is already pending for almost two decades. Petitioners’ services have been dispensed with on the ground that they were wrongly appointed following irregular procedure. As their services have been terminated in the year, 1995 and they have been out of employment for almost two decades, nothing much can be said whatever may be there. The pleadings are not sufficient to hold one way or the other that is whether their appointments were void or they were irregular.

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Be that as it may, it appears that the State Government has taken a decision vide Resolution dated 16.03.2006 which has been circulated vide Memo No 639 dated 16.03.2006 under the signature of the Chief Secretary, Bihar issued through Personnel and Administrative Reforms Department in relation to such employees.

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If any of the petitioners feel aggrieved by the termination, they would be at liberty to move the State Government in accordance with the State Government’s Resolution, as referred to above, and their cases would be, accordingly, considered and appropriate orders issued.

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With this observation and direction, this writ petition stands disposed of.

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(Navaniti Prasad Singh)

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M.E.H. /-

Siya Manjhi and Ors. v. State of Bihar and Ors.

Case brief

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Siya Manjhi and Ors. v. State of Bihar and Ors.

Case brief

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