IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3818 of 2008
Rajendra Prasad Singh, son of Late Shaudi Pd. Singh, village Shishwa, PS Harpur, district Munger
- Petitioner.
Vs.
1) The State of Bihar through the Commissioner, Irrigation Department, Bihar, Patna.
2) The Executive Engineer, Irrigation Department, Tarapur, Munger.
3) Chief Engineer, Irrigation Department, Bhagalpur.
4) Supdt. Engineer, Irrigation Department, Kharagpur - Respondents.
2 13.4.2011
The petitioner who was working as a daily wager
“Nahar Mazdoor” in the Irrigation Department, Tarapur Division,
Munger prays for regularization of his service. It is admitted that
there was break in the petitioner’s service. However, it is also
admitted that he had worked as daily wage earner for a pretty long
time.
The question of regularization now has to be
considered in accordance with paragraph 53 of the decision in the
case of Secretary, State of Karnatka vs. Uma Devi and others,
2006 (4) SCC 1.
In case the department is going to consider the
regulation of such daily wage earner, they should prepare a panel
which would contain the number of years for which the petitioner
and others similarly situated have worked and also indicate their
age and continuity in service before any decision is taken in this
matter.
This writ petition is, thus, disposed of with the
aforesaid observation.
haque ( Sheema Ali Khan, J.)