The Patna High Court dismissed Letters Patent Appeal regarding a claim for regularization of a daily wage employee. Noting a 20-year delay and termination in 1991, the court held no case made out for indulgence citing Supreme Court precedent.
Letters Patent Appeal No.1556 of 2016 dismissed; no regularization granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1556 of 2016 IN
Civil Writ Jurisdiction Case No. 19815 of 2011
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.... .... Appellant/s
Versus
.... .... Respondent/s
=========================================================== Appearance : For the Appellant/s : Mr. Brij Mohan Kumar Singh, Advocate For the Respondent/s : Mr. Sunil Kumar Mandal- SC-3 Mrs. Neelam Kumari, AC to SC-3
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CORAM: HONOURABLE THE CHIEF JUSTICE and
HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-05-2017
Delay of 41 days in filing of the petition is condoned.
I.A. No.7057 of 2016 is allowed.
Petitioner was working as a daily wage employee and his services as a daily wage employee were terminated on 9.4.1991. He did not take any action, slept over the matter for 20 years and in the year 2011 filed the writ petition claiming benefit of
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regularization and brought to the notice of the Court certain orders passed and a judgment rendered in the case of Jai Kishun Ram Vs. State of Bihar & Ors., reported in 2016(1) P.L.J.R. 516. The learned Writ Court considered the prayer and finding that the petitioner’s services were terminated in the year 1991. In the writ petition he did not bother to mention as to when he was appointed, for what period he has worked and what he was doing after 1991. The learned Writ Court took note of the Circulars of the State Government issued in the year 1991, recorded a finding that in the light of these Circulars now no benefit can be granted to the petitioner.
Apart from the fact that the petitioner has committed the defaults and error, as is pointed out by the learned Writ Court, we find that now in the matter of regularization of the petitioner, whose services were terminated as far back as on 9.4.1991, no relief or direction for regularization can be granted in the light of the judgment of the Constitution Bench of the Hon’ble Supreme Court in the case of Secretary, State of Karnataka vs. Uma Devi, reported in 2006(4) SCC Page- 1.
Accordingly, in the matter of regularization of a daily wage employee, whose services were terminated in the year 1991,
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in the given facts and circumstances of the case, we see no case made out for indulgence.
The appeal is, therefore, dismissed.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
K.C.jha/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 9.5.2017 Transmission N/A Date
3 issues framed by the court
Whether regularization can be granted to a daily wage employee whose services were terminated in 1991.
Whether the delay of 20 years in filing the petition disentitles the applicant to relief.
Whether the judgment in Secretary, State of Karnataka vs. Uma Devi precludes regularization in this case.
Colour shows how this judgement treated each authority
Jai Kishun Ram Vs. State of Bihar & Ors.Referred¶20
Jai Kishun Ram Vs. State of Bihar & Ors., reported in 2016(1) P.L.J.R. 516
Secretary, State of Karnataka vs. Uma DeviReferred¶24
Secretary, State of Karnataka vs. Uma Devi, reported in 2006(4) SCC Page- 1 · Who else cites this
Razi Akhtar
The State of Bihar through Chief Secretary
Chief Justice
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
