High CourtsSINGLE BENCH(2017) 05 PAT CK 0036

Manoj Kumar Rawat @ Manoj Rawat vs District Selection Committee, Jamui

Patna High Court · Decided on 11 May 2017

HON’BLE JUDGES
Jyoti Saran
RESULT
Disposed off
CASE NUMBER
531 of 2016

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Judgment

6 paragraphs · 244 words
1.

Heard Mr. Prabhat Ranjan Singh, learned counsel appearing for the petitioner and Mr. Shashi Shekhar Prasad Sinha, learned Assisting Counsel to Government Advocate No.6 for the State.

2.

The petitioner prays for an appropriate direction to the respondents to prepare the panel of daily wagers in tune with the statutory provisions underlying the Bihar Group "D" (Recruitment and Service Conditions) Rules, 2009 (hereinafter referred to as ''the Rules').

3.

Under ''the Rules'' the concerned department is to prepare a panel of the daily wagers for appointment against Class-IV post and the guidelines issued thereunder present in the letter of the State Government dated 29.6.2011 at Annexure-7/1 would demonstrate that it is primarily to accommodate the daily wagers who are working in the department that these Rules were framed.

4.

The counter affidavit at paragraph 8 while admitting that the petitioner has worked in different spells with the department, also mentions that no work has been taken from the petitioner since

2001. Such is the statement made in paragraph 10 of the counter affidavit. No rejoinder has been filed to contest such statement.

5.

In view of the stipulations present in ''the Rules'' at Annexure-7 and the clarification present at Annexure-7/1 read alongside the stand taken by the respondents that no work has been taken from the petitioner since 2001, no indulgence can be granted to the relief claimed by the petitioner in this writ petition and the writ petition is accordingly disposed of.