Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15189 of 2012 ====================================================== 1. Chuman Manjhi S/O Vishun Manjhi R/O Dugulia Bhagrahi, P.S.- Sikarpur, District-Bettiah 2. Dasrath Prasad S/O Dindayal Prasad R/O Village- Jagdishpur Deniona Tola, P.S.- Nautan, District- Bettiah 3. Sunil Kumar Prasad S/O Late Ram Sundar Prasad R/O Villge- Dhumnagar, P.S.- Nautan, District- Bettiah 4. Harendra Prasad S/O Sriram Mahto R/O Village- Mahuwa, P.S.- Chanpatia, District- Bettiah 5. Uma Shankar Ram S/O Late Naga Ram R/O Village- Dhruvnagar Kachari, P.S.-Nautan, District- Bettiah 6. Raj Narayan Prasad S/O Sriram Mahto R/O Villge- Mahuwa, P.S.- Chanpatia, District- Bettiah 7. Amardeo Thakur S/O Fagu Thakur R/O Village- Mahuwa, P.S.- Chanpatia, District- Bettiah 8. Nand Kishore Prasad S/O Dhani Sah R/O Village- Barwat Prasrain, P.S.- Bettiah, District- Bettiah 9. Harilal Ram S/O Late Hiraman Ram R/O Villge- Tirhutia Tola, P.S.- Chanpatia, District- Bettiah 10. Fulena Prasad S/O Jangi Prasad R/O Village- Sofwa Tola, P.S.- Nautan, District- Bettiah 11. Surendra Thakur S/O Shivbachan Thakur R/O Village- Pipra Kacharhi Tola, P.S.- Yogapati, District- Bettiah 12. Jaganath Ram S/O Late Garib Ram R/O Village- Visunpur Mahanar, P.S.- Chanpatia, District- Bettiah 13. Thakur Yadav S/O Lila Yadav R/O Village- Nemura, P.S.- Srinagar Pujha, District- Bettiah 14. Raj Kumar Ram S/O Late Charitar Ram R/O Village- Vishunpur Mahatar, P.S.- Chanpatia, District- Bettiah 15. Ramlal Prasad S/O Sri Kailash Prasad R/O Villge- Dhumnagar, P.S.- Nautan, District- Bettiah 16. Virbahadur Prasad S/O Jairam Prasad Mahto R/O Village- Dhumnagar, P.S.-Nautan, District- Bettiah 17. Suresh Mahto S/O Ramdayal Mahto R/O Village- Sakhinamath, P.S.- Bettiah, District- Bettiah 18. Santosh Kumar Ranjan S/O Lalan Hajra R/O Village-Kathari, P.O.- Sathi, District- Bettiah 19. Babulal Kumar Rajan S/O Lalan Hajra R/O Village- Siswa, P.S.- Sikarpur, District- Bettiah 20. Umesh Kumar S/O Hari Narayan Prasad R/O Village- Mahanwa, P.S.- Majolia, District- Bettiah 21. Binod Ram S/O Vishwanath Ram R/O Villge- Dhumnagar, Kachari Tola, P.S.- Nautan, District- Bettiah 22. Sambhu Ram S/O Sri Thag Ram R/O Village- Naurangia, P.S.- Bettiah, District- Bettiah Versus .... .... Petitioners 1. The State Of Bihar Through The Principal Secretary Administration Department, Patna 2. The Commissioner, Tirhut Division, Muzaffarpur Central Patna High Court CWJC No.15189 of 2012 (3) dt.25-02-2013 2 3. The District Magistrate, Bettiah 4. The Addl. Collector, Bettiah 5. The A.D.M. (Establishment), Bettiah 6. The District Welfare Officer, Bettiah 7. The District Employment Officer, Bettiah .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Jain For the Respondent/s : Mr. Manikant Mishra Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 25-02-2013
Legal Reasoning
Having heard counsel, learned counsel for the parties in respect of the following relief:- "For a direction to the respondents for regularisation of the service of the petitioners on Class- IV post who are working on daily wages since last more than twenty years in different departments/offices of the District Establishment in Bihar Government. For a direction to the respondents to place the petitioners according to their actual previous day of work done in the Government Departments in the Panel list prepared for appointment on Class-IV posts in Bettiah District." and having regard to the admitted fact emerging from the supplementary affidavit it becomes clear that save and except petitioner no.1 and 11 no one even after being given the claimed experience of number of man-days could have qualified for appointment on Group-D posts of peon in their respective category, this Court must hold the case of petitioners no. 2 to 10 Patna High Court CWJC No.15189 of 2012 (3) dt.25-02-2013 3 and 12 to 22 to be wholly misconceived as would be also apparent from the following statement in paragraphs no. 4 to 7 of the aforesaid supplementary affidavit:- "4. That it is further stated that the cut off position in different category of appointed persons from the said panel are as follows:- Category Panel Sl. No. Days of experience (A) General - 67 1029 (B) S.C. - 108 491 (C) S.T. - 309 Nil (D) E.B.C. - 208 81 (E) B.C. - 104 563 5. That it is humbly stated that the actual work experience days of the petitioners have not been considered which would give them higher position in the said panel a comparative list is being shown hereunder:- Petitioner Category Panel serial Previous expenses days not considered total days New position in Days considered Panel after considering actual days 1. S.C. 119 442 50 492 108 2. B.C. 150 240 103 343 126 3. B.C. 186 133 52 185 168 4. E.B.C. 267 6 35 41 227 5. S.C. 182 145 137 282 144 6. B.C. 259 10 76 86 206 7. E.B.C. 227 39 22 61 218 8. E.B.C. 236 26 32 58 221 9. S.C. 181 146 105 251 147 10. B.C. 214 67 118 185 169 11. E.B.C. 212 69 43 112 197 12. S.C. 263 8 6 14 251 13. B.C. 271 4 35 39 230 14. S.C. 260 10 72 82 207 15. B.C. 248 17 35 52 222 16. B.C. 229 36 19 55 211 17. B.C. 180 148 22 170 178 18. S.C. 205 93 35 128 190 19. B.C. 211 70 32 102 199 20. S.C. 302 0 28 28 236 21. S.C. 231 29 13 42 227 Patna High Court CWJC No.15189 of 2012 (3) dt.25-02-2013 4 6. That it is humbly submitted that after consideration of actual working days(492 days) the petitioner no. 1 would get the position of last appointed person in the S.C. category having 491 days experience at serial no. 108 in the panel. 7. That the petitioner no. 11 having 112 days of actual work experience would get position at serial no. 197 in the panel which is above the last appointed person in the E.B.C. category who is at serial no. 208 having 81 days work experience." It has to be kept in mind that the panel was drawn in the month of November, 2011 and the life of the panel has already come to an end after completion of a period of one year none of the person has been appointed who has got lesser working days by the experience than petitioners no. 2 to 10 and 12 to 22 in their respective category and therefore, their grievance as with regard to being not appointed must be held to be wholly misconceived. The plea that 45 vacancies have remained unfilled will again be of no benefit to the petitioner nos. 2 to 10 and 12 to 22, inasmuch as now after expiry of life of the panel this Court would not like those vacancies to be filled up from the panel whose life has already come to an end especially when this writ application was filed on 22.8.2012. The case of petitioner no.1 and 11 however, would Patna High Court CWJC No.15189 of 2012 (3) dt.25-02-2013 5 require consideration from the angle that the last candidate, who has been appointed in Scheduled Caste category and Economically Backward had only 491 days and 81 days respectively whereas if the petitioner no. 1 who has been given experience of 442 days, if he could have been given the desired experience of 50 days as claimed by him vide Annexures 7 and 8 to the reply to the counter affidavit, his case with 492 days of experience for appointment on Class IV post could have been better than the last person with 491 days of experience appointed in his category i.e. Scheduled Caste. Similarly in case of petitioner no. 11 as he had been given credit for experience only for 69 days had he been given also experience for 43 days, he on the basis of 112 days could have been appointed inasmuch his category of E.B.C. the last candidates with 81 days experience has been appointed. In that view of the matter, this Court would give liberty only to petitioner no.1 and 11 to agitate his case for his appointment on the basis of certificates relied by them and if the petitioner no.1 and 11 would file their separate representation for reconsideration of their case before the Collector of the District he would look into the aforesaid aspect and if he finds that the experience of 50 and 43 days claimed by the petitioner no. 1 and 11 on the basis of experience certificates has been followed by Patna High Court CWJC No.15189 of 2012 (3) dt.25-02-2013 6 payment of wages and yet not taken into account he would definitely reconsider the case of the petitioner no. 1 and 11 in the category of Scheduled Caste and E.B.C. respectively and would either remove the last person who having less working days experience in the respective categories has been appointed in preference to the petitioners no. 1 and 11 or will also appoint the petitioner no. 1 and 11. This, however, will depend on clear finding as to whether the total days of experience claimed by petitioner no.1 and 11 is followed by payment which is the prescribed criteria for giving the weightage by way of experience. Such consideration must be completed within a period of three months by the Respondent no. 2, the District Magistrate cum Collector, West Champaran who would be also under obligation to pass separate reasoned order on the representation of the petitioners no. 1 and 11. With the aforementioned observation and direction, this
Decision
application is disposed of. (Mihir Kumar Jha, J) surendra/-