Hari Kishore Mahto And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16489 of 2008 ======================================================

1. Hari Kishore Mahto, son of Sri Ramendra Mahto, resident of village Narayanpur , P.O.- Chatana Bishunpur , P.S .- Pipradih, District - sheohar.

2. Sunil Kumar son of Sri Bhuwaneshwar Prasad, resident of village - Salugang, P.O. & P.S.- Biharsharif, District- Nalanda.

3. Ajay Kumar Gupta son of Sri Paras Nath Gupta,resident of village & P.O.- Bhagwanpur, P.S.-Sadar, District-Muzaffarpur.

4. Chandra Mohan Choudhray son of late Higan Choudhary, resident of village - Barkurva, P.S. - Kurhani, District-Muzaffarpur

5. Yadav Lal Sah, son of late Gopal Sah, resident of village & P.O.- Hajipur, P.S. Kesharia Kalyanpur, District- East Champaran at Motihari

6. Subodh Kumar Paswan, son of Sri Nago Paswan, resident of villageBrahmapur Jhitkabian, P.O. Brahmpura M.I.T, P.S. Brahampura, DistrictMuzaffarpur

7. Hari Shankar Thakur, son of Sri Sam Chandan Thakur, resident of villageRepura, P.O.- Bisundarpur, P.S.- Karja, District-Muzaffarpur .... .... Petitioners

Versus

1. The State of Bihar

2. The Secretary, Science and Technology Department, Government of Bihar, Patna

3. The Director, Science and Technology Department, Bihar, Patna

4. The Commissioner, Tirhut Division, Muzaffarpur]

5. The District Magistrate-cum-Collector, Muzaffarpur

6. The Deputy Collector, Establishment, Muzaffarpur

7. The Deputy Collector, Nazarat, Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shanti Pratap For the State : Mr. AC to AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 18-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek appointment on Class-IV post in Muzaffarpur Collectorate on the basis of panel prepared on 14.8.2006 and published on 18.8.2006 against sanctioned and

Patna High Court CWJC No.16489 of 2008 (2) dt.18-09-2015 2/2 vacant Class-IV (Group-D) posts under the Muzaffarpur Collectorate.

In the counter affidavit the stand has been taken that the question of regularization of the persons on daily wages is the subject-matter of Resolution No. 5940 dated 8.6.1993 which was replaced by Resolution No. 639 dated 16.3.2006 and the petitioners do not come under the purview of the said Resolution. Learned counsel for the State however, further argues that after the decision of the Supreme Court in the case of Secretary, State of Karnataka Vs. Uma Devi: (2006) 4 SCC 1, no such direction can be sought by the petitioners. I am in agreement with the aforesaid submission of learned counsel for the State. It is too late in the day to claim any regularization on the basis of having worked as daily wagers. Even in Uma Devi's case (supra) only as a one time measure cases of those who had clear cut ten years of service were to be considered. No such direction had been sought by the petitioners at earlier stage nor that can be granted at this belated stage. The writ application is, accordingly, dismissed. (Ramesh Kumar Datta, J) S.Pandey/- U