IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12230 of 2007
SURENDRA PRASAD @ SURENDRA THAKUR ALIAS SURENDRA
PRASAD THAKUR-------------------------------------PETITIONER
Versus
THE STATE OF BIHAR & ORS .
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2 9.3.2011 Reg:- I.A. No.7252 of 2010
Heard counsel for the petitioner and the
counsel appearing for the State.
The writ application has been filed by the
petitioner for a direction to the respondents to
regularize the service of the petitioner in Class IV post
and for giving consequential benefits fixing his
seniority on the date of his joining as Class IV post as
daily wage worker. Petitioner’s case is that being
selected in July, 1994 till now he has worked in
different capacity at different places and at the time of
filing of the writ application, he had already worked
for more than 2660 days. The qualification of the
petitioner is Graduate and he belongs to extremely
backward class. The panel of daily wagers prepared as
per their seniority in the year 2006, indicated that
petitioner is placed at serial no. 103. This fact has also
been admitted in the counter affidavit filed by the
respondent along with which the panel prepared
according to seniority of the daily wager has been
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annexed as Annexure-A, in which the petitioner is at
serial No. 103.
Petitioner’s case is that despite the fact that
several sanctioned vacant posts are lying vacant, the
respondent authorities are not regularizing the daily
wagers. Regularization is being done without following
the order of seniority, on the basis of pick and choose
method.
In the counter affidavit at Para 11 it has been
stated that seniority list of daily wages worker was
prepared on 26.9.2006 which was subsequently
modified on 14.6.2007. 66 candidates out of that list
has been regularized against 66 vacant posts. As per
this counter affidavit, number of vacancies in the year
2007 was only 66 and only candidates listed in the
panel up to 66 serial numbers were regularized.
I.A. No. 7252 of 2010 has been filed by the
petitioner in order to bring the subsequent
development, on the record of the case. Along with
the interlocutory application, the petitioner has
annexed the list of vacancies available in the district
of Buxar in different departments and the position of
the vacancies as per the reservation roaster available
in different categories and also the panel prepared by
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the District Selection Committee on 9.4.2010
considering the position of vacancy and roaster
position for adjustment of candidates as per their
seniority against such vacancies. The number of
vacancies available for the candidates belonging to
extremely backward category is nine. In the seniority
panel petitioner’s position is seventh.
Counsel for the petitioner submits that as per
panel prepared by the District Selection Committee
cases of others, who are there in the panel in the
extremely backward category is being considered or
have already been considered. So far petitioner is
concerned, an order in this regard has not been
passed, for the reason that his writ application is
pending before this Court.
The materials brought on record by way of
interlocutory application and the documents annexed
with the interlocutory application, shows entitlement
of petitioner for absorption against the 7th available
vacancy in extremely backward category. The
respondents are directed to pass necessary orders for
absorption of the petitioner against vacancy shown in
the seniority panel, approved by the Selection
Committee on 9.4.2010. It is directed that the
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petitioner should be absorbed against the vacancy
available in this panel before expiry of the life of the
panel which presumably is going to expire on
16.7.2011.
The Interlocutory application as well as the
writ application is allowed. The respondents are
directed to regularize the service of the petitioner in
Class IV post with all consequential benefits within
four weeks from the date of
presentation/communication of this order.
( Mridula Mishra, J.)
A. Kumar