Letters Patent Appeal dismissed maintaining that a daily wage appointment made without public advertisement precludes absorption in a regular post.
The Letters Patent Appeal was dismissed, upholding the order rejecting the appellant's claim for absorption.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.816 of 2014 Arising out of
Civil Writ Jurisdiction Case No. 9094 of 2010
=========================================================== Shankar Giri son of Late Bal Kishun Giri @ Late Lal Babu Giri resident of village - Malpura, P.O. & P.S. Kateya, District - Gopalganj, at present residing at 5 - D/11, North Shrikrishnapuri, P.S. Shrikrishnapuri, District - Patna
.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Gyanand Roy, Advocate. For the State : Mr. S.RAZA AHMAD, AAG-5 Mr. Vishwambhar Prasad, AC to AAG-5
=========================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 29-09-2016
The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 26.03.2014 whereby the claim of the appellant for seeking quashing of the office order dated 22nd July, 2008 by which claim of the appellant for absorption on the post of Peon in Project Girls’ High School, Narpatganj, Araria was rejected.
It has been found that the appellant was appointed on
Patna High Court LPA No.816 of 2014 dt.29-09-2016
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daily wage, at the rate of Rs. 10/- per day, without any public advertisement in the year 1991. Since the appointment of the appellant was not by norms fixed for public employment, there cannot be any direction for absorption. Such is a view taken by a Full Bench of this Court in the case of Ram Sevak Yadav vs. State of Bihar reported as 2013(1) PLJR 964.
In view of the aforesaid fact, we do not find any error in the order passed by the learned Single Bench which may warrant interference in the present Letters Patent Appeal and the same stands dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
P. Kumar
U
3 issues framed by the court
Whether the appellant, who was appointed as a daily wage peon without public advertisement in 1991, is entitled to absorption in the post of Peon.
Whether the Full Bench view in Ram Sevak Yadav vs. State of Bihar preventing absorption in cases of non-norm fixed appointment is correctly applied.
Whether the appellate court erred in dismissing the appeal challenging the rejection of the absorption claim.
Colour shows how this judgement treated each authority
Ram Sevak Yadav vs. State of BiharFollowed¶20
2013(1) PLJR 964
Shankar Giri
The State of Bihar
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
