The High Court held that age cannot bar regularization of daily-wage workers from weaker sections. It directed the Divisional Commissioner to decide on age condonation within four weeks.
The Divisional Commissioner to decide on age condonation within four weeks; the District Magistrate to make a final decision within three months.
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
Civil Writ Jurisdiction Case No.12328 of 2015
=========================================================== 1. Shankar Prasad Singh Son of Late Ram Pragash Singh, R/o Mohalla - New Pandasarai, P.O. - Laheriyasarail, District - Darbhanga. 2. Rudal shahu, Son of Sri Murt Shahu, Resident of Village + P.O. - Taralahi, District - Darbhanga. 3. Shailendra Kr. Kamati @ Shailendra Kr. Kanti, Sonof Late Sita Ram Kamati, Resident of Vill. + P.O. - Benipur, District - Darbhanga. 4. Lal BabuYadav, Son of Late Harinandan Yadav, Resident of Village - Maksudpur,P.O. -Hayaghat, District - Darbhanga. 5. Mohan Mochi, Son of Late Hakarmochi, Resident of Village - + P.O. - Pohaddi, Via - Benipur, District - Darbhanga. 6. Subarth Chand, Son of Late Arun Chand, R/o Mohalla - balbhadrapur, P.O. - Laheriyasarai, District - Darbhanga. 7. Kuseshwar Mahto, S/o Late Sita Ram MEhto, Mohalla - Bhathiyarisarai, P.O. - Lal Bagh, District - Darbhanga. 8. Kapleshwar Mukhiya, S/o o Late ChuniLal Mukhiya, , Resident of Village - Dekulichatti, P.O. -Kapchhahi, District - Darbhanga. 9. Pramod Rai, S/o Chulhai Rai, Resident of Village -Megha, P.O. - Koyalasthan, District - Darbhanga. 10. Ram Bhajan Mandal, Son of Late Sukan Mandal, R/o Village + P.O. - Atahar, Via - Bahera, District - Darbhanga. 11. Ramashish Das, Son of Late Bhibhasan Das, Resident of Village -Haripur, P.O. - Shisho, District - Darbhanga. 12. Ramanarayan Yadav, Son of Muniji Yadav, Resident of Vill. + P.O. - benipur, District - Darbhanga. 13. Arjun Bhandari, Son of Late Sita Ram Bhandari, Resident of Village - Dhobopur, P.O. -Hathori (South), District - Darbhanga. 14. Kailash Shah, Son of Sukhdev Shah, Resident of Village + P.O. - Dekuli, Via - Laheriyasarai, District - Darbhanga. 15. Vijay Paswan, Son of Boji Paswan, Resident of Mohallah - Shubhankar Satihara Tola, P.O. - Subhankarpur, District- Darbhanga. 16. Md. Safi-ur-Rehman, Son of Late Md. Immamuddin Rehman, Resident of Vill.+ P.O. - Pohaddi, District - Darbhanga. 17. Damodar Ram, Son of Late Bhutai Ram, Resident of Village + P.O. - Dohatnarayan, Via - Bahari, District - Darbhanga. .... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, General Administration Department Government of Bihar, Patna. 3. The Deputy Secretary, General Administration Department, Govt. of Bihar, Patna. 4. The Commissioner Darbhanga, Commissionery Darbhanga. null null 5. The Collector, District - Darbhanga.
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.... .... Respondent/s
Patna High Court CWJC No.12328 of 2015 dt.25-01-2016
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Appearance : For the Petitioner/s : Mr. Raj Kumar Mishra For the Respondent/s : Mr. ANIL KUMAR, G.P. 23
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 25-01-2016
Petitioners’ names figure in the list of short listed candidates prepared by the Collector, Darbhanga. However, they have not been appointed or reglarised against regular vacancies for the reasons that they are said to be over age. Annexure-7 dated 26.04.2015 is the notification which indicates that position. A look at annexure-7 would indicate that all these petitioners, whose names figure in the list belong to the weaker section of the society, if not deprived part of the society. They have suffered enough by not getting themselves regularized for years together and being made to work on daily wage basis. This prevents them from other social security etc. which a regular employee begets.
Patna High Court CWJC No.12328 of 2015 dt.25-01-2016
3
regular basis, if not, on substantive basis. In case of regularization, the claimants are likely to be over age and, therefore, the Court comes to a considered opinion that there is an obligation upon the Divisional Commissioner, Darbhanga to take a quick decision on the communication of the District Magistrate, Darbhanga to condone the aspect of over age, which power is vested in him.
(Ajay Kumar Tripathi, J)
Amin/-
U
2 issues framed by the court
Whether the age bar applies to regularization of daily-wage workers who are members of weaker sections.
Whether the Divisional Commissioner is obligated to condone age excess in regularization cases within a specific timeframe.
Shankar Prasad Singh and others
The State of Bihar through the Chief Secretary
The Principal Secretary, General Administration Department
The Collector, District Darbhanga
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
