Petitioner, a daily-wage appointee, was permitted to submit a representation for retaining his services based on past service. The High Court ordered the Collector to dispose of the representation within 8 weeks and withdraw the petition.
Petitioner permitted to approach Collector for consideration of past services; petition disposed of.
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.6043 of 2019
======================================================
Subodh Thakur, Son of Late Ganesh Thakur Resident of Village Bhawanpura, P.S. Kharik Bajar, District-Bhagalpur
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Avinash For the Respondent/s : Mr. Manish Kumar GP4 ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
petitioner, who has fairly submitted that the petitioner does not have a right to get regularized in service because his appointment was on daily-wages. Nonetheless, he has submitted that the petitioner would be satisfied if he is made to represent before the concerned respondents for the purposes of consideration of his past services for several years for retaining him in service with a direction to the concerned respondent to dispose of his representation.
In case of the petitioner representing before the Collector, Purnea (Respondent No. 3), detailing his grievance
Patna High Court CWJC No.6043 of 2019(3) dt.03-05-2019 2/2
within a period of four weeks, the concerned respondent shall intimate to him the decision on such representation within a further period of eight weeks thereafter.
With the aforesaid observation / direction, this petition stands disposed off.
It is made clear that no direction has been issued to the concerned respondent for regularizing the petitioner. Any order, which shall be passed by the respondent would be based on the (i) vacancy position; (ii) the necessity of employing any person on daily-wages; and other considerations, which may, in the facts and circumstances of
the case, be necessary for disposal of the representation.
(Ashutosh Kumar, J)
skm/-
U
2 issues framed by the court
Whether a temporary daily-wages employee can claim regularization of service.
Whether a representation for retentiveness of past services can be entertained in service matters.
Subodh Thakur
The State of Bihar through its Principal Secretary, Personnel and Administration Department
The Divisional Commissioner, Purnea
The Collector, Purnea
The Deputy Collector, Establishment, Purnea
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
