Disposed

Suryadeo Prasad Yadav and Ors. v. The State Of Bihar and Ors.

Patna HC21 Jan 2025CWJC/4743/2016

Case brief

AI extract

What is this about?

Daily-wage workers sought direction for appointment/regularization as Class IV employees in the Water Resources Department. The State contended the old panel-based appointment process had ended and a 2023 rule now governed Class IV recruitment. The court disposed of the writ petition, granting liberty to participate in the new selection process with one-time relaxation of age limit.

What the court decided

AI extract

Suryadeo Prasad Yadav and Ors. Vs The State Of Bihar… — Service and Employment | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4743 of 2016

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Suryadeo Prasad Yadav, S/o late Ram Lal Yadav Resident of Vilage-Simuara , Ps Tekeri , District Gaya.

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Gyan Dutt Sharma, S/o late Madho Sharma Resident of Vilage-Lodipur , Ps Tekeri , District Gaya.

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Nirbhay Paswan S/o late lakshmi Paswan Resident of Vilage-Benipur, Ps Tekeri , District Gaya.

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Rajendra Prasad, S/o late Chandeshwar Prasad Resident of Vilage-Imali Chak, Ps Tekeri , District Gaya.

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Raj Nandan Manjhi, S/o late Barh Majhi Resident of Vilage-Patuhar , Ps Tekeri , District Gaya.

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Mohan Yadav, S/o Sita Ram yadav Resident of Vilage-Narayan Bigha , Ps Tekeri , District Gaya.

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Laldeo Yadav S/o late Sheomangal Yadav Resident of Vilage-Mau, Ps Tekeri , District Gaya.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Principal Secretary, Water Resource Department ,Govt. of Bihar, Patna.

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The Commissioner, Magadh Division, Gaya.

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District Magistrate/collector Gaya.

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Chief Engineer, Tekari Division Gaya.

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Chief Engineer, Department of Water Resources, Aurangabad.

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The Superintending Engineer, Water Resources Department, Aurangabad.

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Executive Engineer, Sone Uch Stariya Nagar, Tekari Gaya.

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Executive Engineer, Uttari Koal Parmandal Kurtha Arwal.

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... ... Respondent/s

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

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Appearance :

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For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate For the Respondent/s : Mr. Binodji Verma, GP-17 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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7 21-01-2025

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Heard learned counsel for the petitioners and learned

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counsel for the State.

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The present Writ Petition has been filed for a

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Patna High Court CWJC No.4743 of 2016(7) dt.21-01-2025 2/3

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direction to appoint/consider the case of the petitioners for appointment on Class IV posts in the concerned department in view of circulars and orders of the State of Bihar.

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Learned counsel for the petitioners submits that the petitioners have been working for a long period under the respondents on daily wages, with the understanding or assurance that they would eventually be regularized as Class IV employees in the department. However, despite the passage of time, the respondents have not taken any action to consider their case for regularization.

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In response to the petitioners' claims, learned Counsel for the State has raised a preliminary objection, arguing that the methodology or process for appointing Class-IV employees through a panel has now come to an end. Hence, no further appointments or regularization are possible through this old system. Counsel further submits that in the year 2023, Government of Bihar has introduced a new rule namely “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” and the petitioners have only remedy for regularization or permanent service in Class-IV post through the said channel.

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In the light of the submissions made by the parties as well as in view of the change circumstances, this writ petition

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Patna High Court CWJC No.4743 of 2016(7) dt.21-01-2025 3/3

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stands disposed off granting liberty to the petitioners to enter into the selection process through the new rule framed in the year 2023 i.e. “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023”.

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Even if the petitioners have exceeded the age limit, they will still be permitted to appear for the examination for Class-IV posts once. If the petitioners are successful in this examination, then they can be selected according to the new rule namely “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” and they shall be treated to be a permanent employee.

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With the aforesaid observation and direction, the Writ Petition stands disposed off.

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(Dr. Anshuman, J)

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Ashwini/-

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Suryadeo Prasad Yadav and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What the court decided

Suryadeo Prasad Yadav and Ors. v. The State Of Bihar and Ors.

Case brief

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