Petitioners seeking regularization for survey work. Court ruled their engagement was temporary contractual, not creating posts or rights to empanelment. However, they retain equal right to future selection if advertisements are published.
Relief of empanelment and regularization dismissed; future selection rights affirmed.
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.14365 of 2013
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.... .... Petitioner/s
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Adv. For the Respondent/s : Mr. Vivek Prasad, GP-7
Ms. Manesha Singh, AC
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT
Date: 10-11-2016
Heard learned counsel for the petitioners and counsel
for the State.
In this case, the petitioners are seeking their
empanelment against Class-IV post and consequential relief of regularization.
The petitioners were engaged and assigned job of
Patna High Court CWJC No.14365 of 2013 dt.10-11-2016
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survey of pond and for each pond, remuneration was fixed as Rs. 100/-. According to the learned counsel for the petitioners, the petitioners discharged their duty to the satisfaction of the authority which has been denied by the learned counsel for the State but, the petitioners have moved before this Court in CWJC No. 19517 of 2012 seeking relief of empanelment and regularization on a Class-IV post. This Court, after considering the submission of the learned counsel for the petitioner, vide order dated 16.10.2012 in CWJC No. 19517 of 2012 passed order. It is relevant to quote paragraph nos. 3 & 4 of the aforesaid order which reads as follows:-
4. This Court expects that in keeping with the policy decision of the State a panel for appointment of Class IV posts would be prepared and finalized and in doing so, the case of the petitioners may also be considered for their inclusion in the panel, if found eligible."
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In pursuance of disposal of the aforesaid writ application, the case of the petitioners was considered and the same was disposed of by the Principal Secretary, Department of Animal and Fisheries Resources, mentioning that the petitioners were appointed on the contract basis and they were agreed to the terms and conditions which was completely a temporary engagement for certain purpose. It neither be considered the creation of any post nor gives any right for their empanelment. Learned counsel for the petitioners submits that they were appointed by the State Government for certain purpose. In that view of the matter, their case should also be considered and their names should be added in the empanelment which has been vehemently opposed by the learned counsel for the State, submitted that the appointment was for a particular purpose and whatever they have done, the remuneration has been paid. It was completely a contract employment for certain purpose, not was a regular employment nor on daily wages. So, it does not give a right to claim for their empanelment in the Class-IV post.
Having considered the rival contentions of the parties, it is absolutely clear that the petitioners were engaged for a particular purpose as an Surveyor to give report to the status of the pond which itself connotes that it was only for a contractual period and for certain purpose and, thereafter, after completion of that purpose, the relation
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of employer and employee is vanished. This Court makes it clear that if an advertisement is published by the State Government or the Collector, the petitioners will have equal right to participate in the selection process and while selecting the candidate, their qualification and experience will also be taken into consideration.
With the aforesaid observation, this application is disposed of.
(Shivaji Pandey, J)
Rishi/-
AFR/NAFR NAFR CAV DATE NA Uploading Date16.11.2016 Transmission Date
2 issues framed by the court
Whether petitioners engaged for survey work are entitled to empanelment and regularization in Class-IV posts.
Whether contract-based temporary engagement confers right to permanent employment or panel inclusion.
Jai Prakash Paswan and Others
The State of Bihar Through The Principal Secretary, Department Of Animal And Fisheries, Govt. Of Bihar, Patna
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
