Shyam Sunder Kumar v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13286 of 2013 =========================================================== Shyam Sunder Kumar, Son Of Ram Ashray Prasad Yadav, Resident of VillageTemhuani, P.O.- Hariharpur Chandai, P.S.- Pupari, District- Sitamarhi .... .... Petitioner
Versus
1. The State of Bihar
2. The Chief Secretary, The Government Of Bihar, Old Secretariat, Patna
3. The Finance Secretary, Government Of Bihar, Patna
4. The Commissioner, Tirhut Division, Muzaffapur
5. The District Magistrate Cum Collector, Sitamarhi Null Null
6. The Sub-Divisional Officer, Pupari, District- Sitamarhi .... .... Respondents =========================================================== Appearance:
For the Petitioner/s : Mr. Kumod Kumar Shrivastaw, Adv. For the Respondent/s: Mrs. Manisha Singh, A.C. to G.P.7 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 21-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking regularization of service, claiming that he has been working since 26.02.1997 till date on daily wages basis.
Learned counsel for the State submits that the services of the petitioner has not been regularized on account of fact he did not come within the zone of consideration for regularization and whenever his turn will come he will be given the benefit of
Patna High Court CWJC No.13286 of 2013 dt.21-10-2016 2/2 regularization as the State Government has framed Rule, 2010 for the purposes of appointment of class-IV employees. The Court cannot give any direction for his regurgitation. However, whenever the Collectoriate, Sitamarhi, goes for selection of class-IV employees in terms of 2010 Rules, by preparing a panel and if the petitioner applies against that advertisement his case will be considered in accordance with law. While preparing the panel for appointment of class-IV employees, the competent authority must consider the experience of the petitioner for the period he has discharged the duty as daily wages employee.
With the aforesaid observations and directions, this writ application is disposed of.
(Shivaji Pandey, J) pawan/- U