Rajesh Mehta and Ors. v. The State Of Bihar and Ors.

Patna HC28 Feb 2024CWJC/1656/2019

Case brief

AI extract

What is this about?

Daily wages; seasonal employee; canal; East Sone High Level Canal Division, Aurangabad; absorption/appointment; Class-IV post; grade-IV employee; regularisation of service; Policy Decision of 2011; working man days; Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023; Water Resources Department; Chief Engineer order dated 29.10.2018; Annexure-7; appointment process; writ petition disposed.

What did the court decide?

If found eligible under the Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023, the petitioners shall appear in the appointment process whenever it is started, and the State shall consider their case according to the said Rule. ¶¶38

Rajesh Mehta and Ors. Vs The State Of Bihar and Ors. — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 29.10.2018 passed by the Chief Engineer, Water Resources Department, Aurangabad (Annexure-7) deserves to be set aside and the petitioners, who were seasonal daily-wage canal employees for more than five years in East Sone High Level Canal Division, Aurangabad, deserve absorption/appointment as Class-IV (grade-IV) employees in terms of the Policy Decision of 2011. +1 more

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Court's answer

Disposing of the writ petition, the Court directed that in the light of the Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023, if the petitioners are found eligible they shall appear in the appointment process whenever it is started, and the State shall consider their case according to the said Rule.

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Ratio / Principle

The Court disposed of the writ petition rather than allowing it; no direction for absorption/regularisation under the Policy Decision of 2011 was issued, and consideration of the petitioners' cases was confined to the 2023 Rules route.

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Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.), by order dated 28-02-2024, disposed of Civil Writ Jurisdiction Case No.1656 of 2019. Thirteen petitioners claimed to have been engaged as seasonal daily-wage employees for looking after the canal during the irrigation period in East Sone High Level Canal Division, Aurangabad, for more than five years, and sought setting aside of the order dated 29.10.2018 passed by the Chief Engineer, Water Resources Department, Aurangabad (Annexure-7) together with absorption/appointment as Class-IV grade-IV employees on the strength of the Policy Decision of 2011 (absorption of daily-wage employees as Class-IV employees on the basis of working man days and experience). The State contended that at the time of filing the writ petition the petitioners were not working in any organisation and therefore had no right to regularisation, and that the matter was governed by the Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023 (referred to with the date 22nd September, 2023). Disposing of the petition in the light of the submissions, the Court directed that if the petitioners are found eligible under the 2023 Rules, they shall appear in the appointment process whenever it is started, and the State shall consider their case according to the said Rule; no order of quashing or of immediate absorption/regularisation was made.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1656 of 2019

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======================================================

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Rajesh Mehta and Ors Sri Shiv Mehta Resident of Village- Kachanpur Tole Mugiathi Bigha, P.S.- Barun, District- Aurangabad

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Dharmdeo Singh Late Naga Singh @ Nagdeo Singh Resident of VillageDewaria, P.S.- Narhari Khurd (Kala), District- Aurangabad

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Parmeshwar Singh Late Mugesh Singh Resident of Village- Ramdeni Bigha, P.S.- Narhari Khurd (Kala), District- Aurangabad

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Pramod Mehta Basudeo Mehta Resident of Village- Kachanpur Tole Mugiathi Bigha, P.S.- Barun, District- Aurangabad

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Shiv Dhyan Singh Munshi Singh Resident of Village- Sahaspur, P.S.- Barun, District- Aurangabad

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Upendra Singh @ Upendra Kumar Singh Sri Ram Janam Singh Resident of Village- Sahaspur, P.S.- Barun, District- Aurangabad

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Shiv Nandan Singh Late Mahadeo Singh Resident of Village- Bagahi, P.S.Barun, District- Aurangabad

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Bijay Saw Late Harihar Saw Resident of Village- Gola Dhamni, P.S.- Barun, District- Aurangabad

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Sukhlal Singh @ Sudlal Singh Late Yogi Singh Resident of VillageRamgulam Bigha, P.S.- Barun, District- Aurangabad

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Binod Singh @ Binod Kumar Singh Sri Sudheshwar Singh Resident of Village- Rerhia, P.S.- Barun, District- Aurangabad

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Arjun Kumar Singh Sri Ramdeo Singh Resident of Village- Chander Bigha, P.S.- Barun, District- Aurangabad

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Bijay Singh Late Kameshwar Singh Resident of Village- Chaccan Bigha, P.S.- Barun, District- Aurangabad

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Anil Mehta Sahdeo Mahto Resident of Village- Kachanpur Tole Mugiathi Bigha, P.S.- Barun, District- Aurangabad

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... ... Petitioner/s

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Versus

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The State Of Bihar and Ors through the Chief Secretary, Govt. of Bihar, Patna

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The Secretary, Water Resources Department, Govt. of Bihar, Patna

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The Engineer-in-Chief, Water Resources Department, Govt. of Bihar, Patna 4. The Chief Engineer, Water Resources Department, Aurangabad

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The Superintendent Engineer, Water Resources Department, Aurangabad

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The Executive Engineer, Sone High Level Canal Division, Aurangabad

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The Collector, Aurangabad

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The District Establishment Addl. Collector, Aurangabad

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... ... Respondent/s

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Patna High Court CWJC No.1656 of 2019(3) dt.28-02-2024 2/3

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====================================================== Appearance : For the Petitioner/s : Mr.Bhaskar Shankar For the Respondent/s : Mr.Vinay Kriti Singh (Ga2) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 28-02-2024

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Counsel for the petitioner and counsel for the State

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present.

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Counsel for the petitioner submits that the present writ petition has been filed for setting aside the order dated 29.10.2018 passed by the Chief Engineer, Water Resources Department, Aurangabad as contained in Annexure-7 and further directing the respondents concern for

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absorption/appointment of the petitioner on Class-IV post as grade-IV employee.

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Counsel for the petitioner submits that petitioner were the seasonal employee engaged on daily wages for looking after the canal during the period of irrigation in East Sone High Level Canal Division, Aurangabad, for more than five years and in the light of the Policy Decision of 2011, the Government has to make absorption/appointment of daily wages employees as Class-IV employees on the basis of their working man days and experience.

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In response, thereof, Counsel for the petitioner submits that the petitioner has not covered in the light of Policy

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Patna High Court CWJC No.1656 of 2019(3) dt.28-02-2024 3/3

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Decision of 2011. Counsel for the State further submits that in the light of the case decided by this Hon'ble Court, Government of Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023 on 22^nd September, 2023.

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Counsel for state submits that at the time of filing the writ petition, the petitioners are not working in any of the organization and therefore, he has no right so they are not entitled for any regularization of service.

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In the light of the submissions of the parties, this Court disposed of the writ petition i.e. that in the light of the 2023 Rule i.e. Bihar Office Attendant (Recruitment and Service Conditions) Rules, 2023 if petitioner found eligible then he shall appear in the appointment process whenever it shall be started, and the state shall consider his case according to the said Rule.

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(Dr. Anshuman, J)

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Sunnykr/-

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Rajesh Mehta and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Rajesh Mehta and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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