IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3424 of 2007
NEJAR AHMAD, SON OF MD. NOOR ISLAM, RESIDENT OF
VILLAGE BARARI, P.O. GURU BAZAR, P.S. BARARI,
DISTIRCT KATIHAR, JEEP DRIVER IN THE OFFICE OF
THE CIRCLE OFFICER, BARARI, KATIHAR.
Versus
1. THE STATE OF BIHAR
2. THE DISTRICT MAGISTRATE, KATIHAR.
3. THE DEPUTY COLLECTOR, NAZARAT, KATIHAR.
4. THE CIRCLE OFFICER, KOHRA, DIST. KATIHAR.
5. THE CIRCLE OFFICER, BARARI, KATIHAR.
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02. 15.09.2011 Heard learned counsel for the petitioner
and the State.
2. Petitioner was engaged to serve as a
driver in the office attached to the Collectorate,
Katihar. Such fact is evident from letter no.589 dated
8.5.1989 issued by the Deputy Collector Incharge,
Najarat, Katihar to the Circle Officer, Kohra, which is
contained in Annexure-1 to this application. It is
submitted on behalf of the petitioner that from
17.06.1987 till the date of filing of the writ petition
he continued to discharge the duty of a driver in the
different offices attached to the Collectorate, Katihar
but his engagement could not be regularized as he
was engaged to discharge the duties of the driver on
17.06.1987 after the cut off date i.e. 1.8.1985. The cut
off date having been extended under resolution of the
Government dated 10.5.2005 from 1.8.1985 to
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11.12.1990 case of the petitioner is required to be
considered for regularization but instead of
considering his regularization engagement of the
petitioner was dispensed with after filing of the writ
petition. In this connection, it is also pointed out with
reference to the certificate bearing letter no.39 dated
6.1.2005, Annexure-5 issued by the Circle Officer,
Barari that the arrears of wages has not been paid to
the petitioner.
3. Aforesaid two submissions has not been
disputed in the counter affidavit filed on behalf of
respondent nos.2, 3, whereunder instructions of the
State Government bearing Memo No.15341 dated
3.6.2006 has been annexed, wherefrom it appears that
persons engaged to serve as daily wager after the
extended cut off date i.e. 11.12.1990 were asked to be
disengaged. Petitioner having been engaged prior to
the cut off date and such fact having not been
disputed in the counter affidavit, I have no option but
to direct the Collector, Katihar to engage the
petitioner as and when situation so requires to serve
either as a Class-IV employee or as a Driver as per
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the exigencies of the requirement until his case is
considered for appointment/regularization on the
Class-IV post or on the pose of Driver in the
Collectorate, Katihar/attached offices.
4. In the counter affidavit the State
respondents have not disputed the correctness of the
statement made in letter no.39 dated 6.1.2005,
Annexure-5 of the Circle Officer, Barari addressed to
the Establishment Deputy Collector, Katihar
informing the Establishment Deputy Collector that
arrears of wages is due to the petitioner from May,
2004. Let the Collector, Katihar verify whether any
arrears of wages is due to the petitioner from May,
2004 and if any amount is found due, the said amount
should also be paid to the petitioner as early as
possible, in any case within two months from the date
of receipt/production of a copy of this order before
the Collector, Katihar.
5. The writ application is, accordingly,
disposed of.
( V. N. Sinha, J.)
Rajesh/