IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5985 of 2010
1. Naresh Gope S/O Shri Ram Lal Gope R/O Vill Bihari, P.S.Jamui,
Distt-Jamui
Versus
1. The State Of Bihar Through The Principal Secretary, Land
Reforms And Revenue Department Govt. Of Bihar, Old Secretariat,
Patna
2. The District Magistrate -Cum-Collector Jamui
3. The Additional District Magistrate Nazarat, Distt-Jamui
4. The Deputy Development Commissioner Jamui
5. Rajesh Rawat S/O Not Known R/O Vill Khaira, P.S.Khaira, Distt-
Jamui
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3. 09.09.2011 Heard learned counsel for the petitioner and
the State.
Mr. Banerjee for the petitioner submits that
the petitioner has been working since 1984 on daily
wage as a Driver which is more than sufficient
indication of the need for regular personnel. The
respondents cannot evade that responsibility by
continuing an Ad hoc arrangement when the petitioner
does not have much of a choice in the matter.
A daily wage appointment is an Ad hoc or a
stop gap arrangement in the exigency of the work. It is
an exception to the normal Rule of sanctioning posts
and making appointment especially where the need be
there. The exception cannot be turned into the Rule. If
what the petitioner contends is correct, long
continuance of a person on daily wage in a Government
establishment itself amounts to violation of the
constitutional obligations. The appointment is the
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discretion of the employer and no mandamus can be
issued for that purpose. But a subterfuge by not
making regular appointment and utilizing the service of
daily wage person evading responsibility and liability
which fall with regard to a regular appointee as distinct
from daily wager is not permissible in law.
It is submitted that regular sanctioned posts
are lying vacant. If the respondents propose to do so
let them advertise the same and fill it up in accordance
with law within a maximum period of six months from
the date of receipt/production of a copy of this order.
In no circumstances can the respondents evade such
appointment by utilizing daily wagers against such
posts.
If the petitioner applies in response to the
same, let his application be considered appropriately
on its own merits. However, it is expected that issues
of age relaxation and weightage for past work
experience shall be appropriately considered by the
respondents as a matter of policy, since they
themselves also ultimately stand to gain by utilizing the
experienced services of the petitioner.
The writ application stands disposed.
P. Kumar ( Navin Sinha, J.)