A Single Bench of the Patna High Court dismissed a review petition seeking to overturn a judgment that denied selection priority to daily wage labourers, citing subsequent policy changes as insufficient ground for review.
The review petition was disposed of accordingly without granting any relief.
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 REVIEW No.513 of 2018 In
Letters Patent Appeal No.1329 of 2013
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to Railway line,P.O. Chapra Town Dist.-Saran
Chapra,P.S. Town,Dist.-Saran
... ... Petitioner/s
Versus
The State Of Bihar
Saran the Chapra
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : For the Opposite Party/s :
Mr.Shashi Shekhar Tiwary Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and
HONOURABLE MR. JUSTICE HARISH KUMAR
Patna High Court C. REV. No.513 of 2018(3) dt.12-04-2023 2/4
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
3 12-04-2023 Heard Mr. Shashi Shekhar Tiwary, the learned
Advocate for the petitioners.
The judgment sought to be reviewed has been passed in a batch of LPA, the lead appeal being L.P.A. No. 1329 of 2013, wherein a Division Bench of this Court found that the original writ petitioners were not entitled to any category of priority in view of the Bihar Group ‘D’ (Recruitment & Service Conditions) Rules, 2009 and the Circular of the Govt. dated 29th June , 2011 which mandated that if an individual has been working on the daily wages against the vacant posts carrying the emoluments from the Government fund, he would be considered for appointment against such vacancy. The aforesaid Circular further accords the benefit to such persons who have put in 240 days of work in a calendar year. Some other benefits also were conferred.
In the afore-noted case, the writ petitioners / appellants did not fit in any one of the categories. The
Patna High Court C. REV. No.513 of 2018(3) dt.12-04-2023 3/4
petitioners herein were neither the writ petitioners before the learned Single Judge nor had preferred appeal against such order on the ground of their being adversely affected by the judgment of the Division Bench of this Court.
Mr. Tiwary, however, contends that after the Circular of 2011, which was the basis of passing the judgment by the Division Bench, there has been a change in the year 2012 where the experience as DDT Sprayer is to be given some priority.
The case of the review petitioner does not get diluted by the decision rendered in the L.P.A. No. 1329 of 2013, which is sought to be reviewed.
If the petitioner finds that for the reason of this judgment, he is not accorded any priority in matters of selection, it would only be appropriate for him to approach the higher authority to explain that the judgment was passed on the basis of Circular of 2011, which now stands changed.
There is no reason for this Court on this ground to review the order passed in the appeal.
Patna High Court C. REV. No.513 of 2018(3) dt.12-04-2023 4/4
The review petition stands disposed of
accordingly.
(Ashutosh Kumar, J)
( Harish Kumar, J)
sunilkumar/-
U
3 issues framed by the court
Whether a review petition can be entertained on the ground of a subsequent administrative circular altering the criteria for priority in selection?
Whether the change in the 2012 policy regarding DDT Sprayer priority justifies reviewing a judgment based on the 2011 Circular?
Whether disappointed applicants should approach higher authorities rather than seeking review in this court?
Colour shows how this judgement treated each authority
Not stated in textReferred¶39
L.P.A. No. 1329 of 2013
2 provisions across 2 enactments
Indradeo Paswan and others
State Of Bihar and others
ASHUTOSH KUMAR
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
