Siyawar Sharan Rao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.170 of 2016 Arising out of Civil Writ Jurisdiction Case No. 2139 of 2011 Along with Interlocutory Application No.614 of 2016 =========================================================== Siyawar Sharan Rao, S/O- Late Baidyanath Narain Rao, R/O Mohalla- Rajguru Chowk, P.S. Bettiah, District- West Champaran. .... .... Petitioner- Appellant/s

Versus

1. The State of Bihar.

2. The Secretary-cum-Commissioner, Department of Registration, Excise & Prohibition, Govt. of Bihar, Patna.

3. The Excise Commissioner, Vikash Bhawan, Patna.

4. The Joint Commissioner of Excise, Vikash Bhawan, Patna.

5. The Collector, West Champaran, Bettiah.

6. The Superintendent of Excise, West Champaran, Bettiah. .... .... Respondents-Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Manoj Kumar Manoj, Advocate For the Respondent/s : Mr. K. P. Gupta G. P.- X Mr. Binod Kumar, A.C. to G.P.-X =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 02-12-2016 Re.: Interlocutory Application No.614 of 2016 The application is for condonation of delay of 07 days in filing of the present Letters Patent Appeal.

For the reasons mentioned in the application, we find that sufficient cause is made out for condonation of delay. Consequently, we condone the delay in filing of the present Letters Patent Appeal. Interlocutory Application stands allowed accordingly.

Patna High Court LPA No.170 of 2016 dt.02-12-2016 2/3 Re.: Letters Patent Appeal No.170 of 2016 The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 27th October, 2015 whereby, the claim of the appellant to regularize his service from 11th May, 1985 remained unsuccessful.

The appellant was engaged as a daily wager on 11th May, 1985 on a temporary post of Daftari. Since he continued to work on the said post, he filed a writ application bearing CWJC No.5927 of 1993 before this Court which was decided on 22nd September, 2005. This Court directed the Secretary, Department of Excise, Government of Bihar to consider the case of the appellant for regularisation on the post of Daftari keeping in view the fact that he is continuing to work as Daftari on daily wages since 1985. It is in pursuance of such an order, his service was regularised on 18.02.2006. The claim of the appellant before the Writ Court was that he should have been regularised from the date of his initial engagement, which claim has not been accepted by the learned Single Bench. The appellant was engaged on daily wages on 11th May, 1985.

His claim for regularization in service could have been considered after completing substantial time on daily wages. It is the said principle which led this Court to pass an order to consider the claim of the appellant for regularisation.

Patna High Court LPA No.170 of 2016 dt.02-12-2016 3/3 regularized with effect from 18th February, 2006. We do not find that such appointment can be regularized from the date of initial engagement since the initial appointment was not made following the due procedure of public advertisement giving opportunity to all the eligible candidates to apply to be considered for appointment to the post.

In view thereof, we do not find any error in the order passed by the learned Single Bench, which may warrant interference in the present intra-court appeal. The Letters Patent Appeal is, thus, dismissed.

(Hemant Gupta, ACJ) (Vikash Jain, J) Sunil AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 07.12.2016 Transmission Date