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Patna High CourtCWJC/16406/2012dismissed

Satyendra Kumar Verma v. The State Of Bihar And ORS

2024-04-22Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16406 of 2012 ====================================================== Satyendra Kumar Verma S/O Late Vaidya Nath Prasad R/O Vill-Bisrahiya, P.S.-Dhaka, Distt-East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Commissioner -Cum -Secretary, Water Resources Department Government of Bihar, Sichai Bhawan, Old Secretariat, Patna 3.

The Joint Secretary, Water Resources Department Government Of Bihar, Sichai Bhawan , Old Secretariat, Patna 4.

The Chief Engineer, Water Resources Department Government Of Bihar At Muzaffarpur 5.

The Collector , Sitamarhi, Distt-Sitmarhi 6.

The Superintending Engineer, Head Work Division Bagmatinagar, DisttSitamarhi 7.

The Executive Engineer, Head Work Division No.-1 Bagmatinagar, DisttSitamarhi 8.

The Sub Divisional Officer, Head Work Division No.1 Bagmatinagar, DisttSitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr. Devendra Kr Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 22-04-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for a direction to the respondents for appointment of the petitioner on the ClassIV post.

3. Learned counsel for the petitioner submits that the petitioner was worked as a daily wages under the Respondent No.

Patna High Court CWJC No.16406 of 2012 dt.22-04-2024 2/3 8 and the the petitioner has filed several representations before the concerned authority to consider the case of the petitioner in the light of the Government Circular dated 03.12.1980, 26.05.1987 and 25.04.1997 but the case of the petitioner was not considered by the District Appointment Committee for the appointment of the petitioner on Class-IV post.

4. Learned counsel for the State has filed a counter affidavit stating therein that in view of the Letter No. 3577 dated 25.04.1997 read with Resolution Memo No. 3/8M-30/2005 Ka639, dated 16.03.2006 of the Personnel and Administrative Reforms Department, Government of Bihar, Patna, the said daily wagers workers including the petitioner have been kept in Group (Samul) "Gh" and in view of the said letter, the cut off date was 11.12.1990 for appointment and from perusal of the aforesaid letter, it appears that the aforesaid letter also suggests that the persons must have worked continuous for five (5) years (every year minimum upto 240 days) and in the present case, the petitioner never worked for 240 days continuously and even it is evident from the certificate dated 25.08.1990 issued by the Respondent No. 8.

Patna High Court CWJC No.16406 of 2012 dt.22-04-2024 3/3

5. In view of the aforesaid, the case of the petitioner does not come under the purview of the Scheme of the Government. The writ petition, is accordingly, dismissed. (Rajesh Kumar Verma, J) Ibrar//- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 23.04.2024 Transmission Date N.A.