Disposed

Dainik Karamchari Sangh,D.D.T. v. the State of Bihar and Ors.

Patna HC3 Jul 2012CWJC/5228/2012

Case brief

AI extract

What is this about?

Seasonal D.D.T. spray daily wagers seeking regularization on Class-IV posts. The court distinguished them from petitioners in C.W.J.C. No. 11798 of 2011 who were applicants under Advertisement No. 1 of 2009. It directed that if a fresh advertisement is published, the current petitioners must be considered in accordance with that prior policy. The writ application was disposed without granting imme

What the court decided

AI extract

Dainik Karamchari Sangh,D.D.T. Vs the State of… — Labour and Industrial Disputes | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5228 of 2012

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====================================================== 1. Dainik Karamchari Sangh,D.D.T. Spray , Raghunathpur Block Siwan Through Its President Namely Devnayakachari Mishra Son Of Rang Nath Mishra Resident Of Village And P.O. + P.S. - Raghunathpur District - Siwan 2. Rajesh Kumar Singh Son Of Ram Sagar Singh Resident Of Village + P.O. - Karsar, P.S. Raghunathpur District- Siwan 3. Sunil Ram Son Of Krishnadev Ram Resident Of Vill + P.O. - Harnathpur, P.S. Raghunathpur District - Siwan 4. Sugandh Singh Son Of Sukanth Singh R/O Village - Lagusa, P.O. - Rajpur, P.S. Raghunathpur Dist- Siwan 5. Santosh Kumar Singh Son Of Ramayan Singh R/O Vill + P.O. - Karsar, P.S. Raghunathpur, District - Siwan 6. Sanjeet Kumar Singh Son Of Laxman Singh R/O Vill + P.O. - Karsar, P.S. Raghunathpur, Dist- Siwan 7. Rajendra Ram Son Of Ram Subhag Ram R/O Vill- Majheelese, P.O.Dighealia, P.S. Raghunathpur, Dist- Siwan 8. Dwarika Yadav Son Of Laldhar Chaudhary R/O Vill- Parahiya, P.O.Khujwan, P.S. Raghunathpur Dist.- Siwan 9. Ram Pukar Singh S/O Aodhesh Singh R/O Vill + P.O.- Karsar, P.S. Raghunathpur, Dist- Siwan 10. Raghubir Ram S/O Tufani Ram R/O Vill- Dolakpur, P.O.- Nikhtikala, P.S. Raghunathpur , Dist- Siwan 11. Ramdhyan Ram S/O Feku Ram R/O Vill + P.O. - Dighwalia, P.S. Raghunathpur, Dist- Siwan 12. Chhotelal Ram S/O Phulchand Ram R/O Vill- Harnathpur, P.S. Raghunathpur, Dist- Siwan 13. Dharmnath Ram S/O Algu Ram R/O Vill + P.O.- Rajpur, P.S. Raghunathpur, Dist- Siwan 14. Raj Roshan Kumar S/O Sugreev Singh R/O Vill + P.O. - Karsar, P.S. Raghunathpur, Dist- Siwan 15. Jay Kumar Yadav S/O Late Ram Lakhan Yadav R/O Vill + P.O.Karsar, P.S. Raghunathpur, Dist- Siwan 16. Santosh Kumar Manjhi S/O Sudama Manjhi R/O Vill- Belwar, P.O.Nikhtikala, P.S Raghunathpur Dist- Siwan 17. Bharat Singh S/O Ram Pirit Singh R/O Vill + P.O. - Karsar, P.S. Raghunathpur, Dist- Siwan 18. Yogendra Bhagat S/O Late Singhasan Bhagat R/O Vill + P.O. - Karsar, P.S. Raghunathpur, Dist- Siwan 19. Jitendra Kumar Ram S/O Chandra Shekhar Ram R/O Vill + P.O. - Narhan, P.S.- Raghunathpur Dist- Siwan

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.... .... Petitioner/s

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Versus

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The State Of Bihar Through The Commissioner-Cum-Secretary, Health Department, Govt. Of Bihar, Patna

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The Director-In-Chief, Health Services, Govt. Of Bihar, Patna

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The Chief Medical Officer, Govt. Of Bihar, Patna

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The Civil Surgeon-Cum-Chief Medical Officer, Siwan

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The District Maleria Officer, Siwan

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Patna High Court CWJC No.5228 of 2012 (3) dt.03-07-2012

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2 / 3

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.... .... Respondent/s

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6. The District Magistrate, Siwan

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====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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Heard learned counsel for the petitioners and the

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3 03-07-2012

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State.

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The petitioners are stated to be Seasonal D.D.T. Spray daily wagers in the Raghunathpur Block, District-Siwan claiming continuance in that capacity since 2007. They seek directions to be considered for regularization on Class-IV posts.

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Learned counsel for the petitioner relies upon an order in C.W.J.C. No. 11798 of 2011 directing consideration of similar in accordance with and interpreting the policy of the State Government with regard to regularization of daily wagers.

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While it prima facie appears that the petitioners are similarly situated, the directions in C.W.J.C. No. 11798 of 2011 came to be passed in respect of the petitioners who were applicants under Advertisement No. 1 of 2009 and were aggrieved by denial of appropriate consideration. No such statement has been made by the present petitioners that they were also applicants under Advertisement No. 1 of 2009. If the petitioners were applicants to the same they are required to be accorded similar consideration.

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Patna High Court CWJC No.5228 of 2012 (3) dt.03-07-2012

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3 / 3

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If they were not applicants, the present order cannot be construed as deeming them to be an applicant under Advertisement No. 1 of 2009. In that event, if the policy as considered and discussed in C.W.J.C. No. 11798 of 2011 remains operational and the respondents publish any fresh Advertisement, in that event the petitioners are required to be considered in accordance with the discussion in C.W.J.C. No. 11798 of 2011.

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The writ application stands disposed.

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P. Kumar/-

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(Navin Sinha, J)

Dainik Karamchari Sangh,D.D.T. v. the State of Bihar and Ors.

Case brief

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What the court decided

Dainik Karamchari Sangh,D.D.T. v. the State of Bihar and Ors.

Case brief

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