Patna High Court - Orders
Shiv Nandan Paswan & Ors vs The State Of Bihar & Ors on 2 May, 2014
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8479 of 2013
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1. Shiv Nandan Paswan S/O Late Balchand Paswan R/O Village- Behta,
P.O.- Sakri, P.S.- Manigachhi, District- Madhubani
2. Ravindra Prasad S/O Ram Janam Prasad Yadav R/O Village And P.O.-
Tarwan Magar Pal, P.S.- Dariyapur, District- Saran (Chhapra)
3. Jai Prakash Jaiswal S/O Late Nandlal Jaiswal R/O Village And P.O.-
Khagra, P.S.-Parwatta, District-Bhagalpur
4. Md. Abdul Gaffar S/O Late Md. Sheikh Razak R/O Village- Talbalpur
Barahpura, P.O.-Mirzanhat, P.S.- Lodipur, District- Bhagalpur
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Rural Works Department, Govt. Of Bihar, Patna
3. The Engineer-In-Chief Rural Works Department, Govt. Of Bihar, Patna
4. The Deputy Secretary Rural Works Department, Govt. Of Bihar, Patna
5. The Chief Engineer-2, Bhagalpur (Headquarter-Patna) Rural Works
Department, Harding Road, Barrak No.2, Patna
6. The Superintending Engineer Rural Works Department, Works Circle,
Bhagalpur
7. The Executive Engineer Rural Works Department, Works Division,
Bhagalpur
8. The District Magistrate, Bhagalpur
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suraj Narain Yadav
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR
TRIPATHI
ORAL ORDER
2 02-05-2014The four petitioners have joined together in the present writ application because all of them are in the same situation. They were all engaged and have been working as daily wagers for almost three decades now, especially under respondent nos. 6 and 7. According to the learned counsel for the petitioners such long period of work as daily wagers and not regularizing them cannot be a better example of exploitation in a welfare State. They still continue and discharge the work under various Patna High Court CWJC No.8479 of 2013 (2) dt.02-05-2014 2 capacity which have been indicated in the writ application and stands certified even in the communication made to the District Magistrate by the Executive Engineer which is annexure-7 dated 29.05.2009. Names of these petitioners are reflected with details of their engagement and nature of work being taken from them. The unfortunate part is that the District Magistrate, Bhagalpur considered the cases of regularization of large number of persons against the vacancies existing in the district only on the basis of names who were available at the district level. There is nothing to indicate that despite recommendation of the names of these petitioners by the concerned authority, the same was placed or considered by the District Magistrate even in the meeting dated 01.02.2013 which is annexure-14 to the writ application.
In the counter affidavit filed on behalf of respondent no. 7, the denial is not there with regard to their engagement and period of work. However, in paragraph 5 a stand is taken that because the petitioners are daily wagers and not work charged employees, they cannot be regularized. The above stand of the State is irrational and illogical because even a reading of the various circulars of the State Government does not make any such distinction. Regularisation is made even of daily wagers whether they are work charged employees or in the work charge establishment. Since the petitioners are working as daily wagers for more than three decades, this shows their usefulness and utility Patna High Court CWJC No.8479 of 2013 (2) dt.02-05-2014 3 in the department. If others having lesser period of engagement have been given consideration and benefit of regularization, in the opinion of this Court, there cannot be a better case for such benefit being granted than what emerges from the evidence and the pleadings brought about in the present writ application.
This writ application is disposed of with a direction upon the District Magistrate, Bhagalpur that he has an obligation and duty cast by this Court to consider the recommendation made in favour of these petitioners in terms of annexure-7 and take a decision with regard to their regularization because these petitioners were all through in service of the State and they cannot be expected to go out at the fag end of their life. The matter must be considered with a positive frame of mind.
This writ application is disposed of with the observation aforesaid. The District Magistrate must take a decision within a period of four months from the date of receipt/production of a copy of this order.
(Ajay Kumar Tripathi, J) Amin/-