Petitioner sought regularization as Night Guard, claiming appointment from 1991 by the College Principal. The Court found the appointment was made by an incompetent authority against an unsanctioned post, that he did not work continuously for ten years and had stopped working in 2002, with no regularization policy shown; writ petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9672 of 2014
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Dayanand Prasad S/o Late Kamleshwari Yadav R/o Sandalpur Gumti No. 6, P.S- Kazim Bazar, District- Munger.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhirendra Nath Jha For the State : Mr Iqbal Asif Niazi, AC to GP 5 For T.M.B. University : Mr. Amit Kumar Jha For Munger University : Mr. Ritesh Kumar
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
daily wages earlier in the year 1991 and subsequently, from 01.03.1997, on vacant sanctioned post of Night Guard by the Principal of the R.D. and D. J. College, Munger (in short, ‘the College’). On 17.01.1998, the
Patna High Court CWJC No.9672 of 2014(16) dt.08-04-2024 2/6
Principal of the College sent a letter to the Vice Chancellor of the T.M.B. University, informing that the petitioner was appointed under exigency on daily wages against the vacant sanctioned post of Night Guard and hence be adjusted in the services of the University.
Patna High Court CWJC No.9672 of 2014(16) dt.08-04-2024 3/6
1999 and this Court quashed the order, dated 30.08.1999 and a direction was issued to regularize the services of the writ petitioners. Similar writ application, bearing CWJC No. 7749 of 2002 was disposed of on 13.04.2007.
Patna High Court CWJC No.9672 of 2014(16) dt.08-04-2024 4/6
Patna High Court CWJC No.9672 of 2014(16) dt.08-04-2024 5/6
temporary employees for their regularization between the years 1999 and 2007. On the basis of the order passed by this Court and the recommendation made by the threemember committee, some of the temporary employees were regularized in the year 2013, thereafter the petitioner has filed the present writ application in the year 2014, seeking relief of regularization.
Patna High Court CWJC No.9672 of 2014(16) dt.08-04-2024 6/6
failed to show that he has continuously worked for a pretty long period on a sanctioned post, I find no merit in this writ application.
15.This writ application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √
1 issue framed by the court
Whether a daily-wage appointee on an unsanctioned post, not working since 2002, was entitled to regularization as Night Guard.
Colour shows how this judgement treated each authority
State of Karnataka v. UmadeviRelied on¶13
(2006) 4 SCC 1 · Who else cites this
1 provisions across 1 enactments
Dayanand Prasad
The State of Bihar through Education Commissioner Higher Education Bihar Patna
Director, Higher Secondary Education Govt. of Bihar, Patna
Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur
Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur
Principal, R.D. and D.J. College, Munger
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
