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Judgment
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.
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'').
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.
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.
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.