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2025 DAILYLAW 22705 (PAT)

Ram Bilas Ram and Ors v. The State Of Bihar and Ors

CWJC/5118/2016 · 2025-01-21

Anshuman

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5118 of 2016 ====================================================== 1. Ram Bilas Ram S/o Late Ram Autar Ram Resident of village - Panchdevta, P.S. Tekari, District - Gaya 2. Nand Kishore Prasad S/o Late Dukhan Mahto Resident of village - Jhil Mil, P.S. Tekari, District - Gaya 3. Sanjay Kumar S/o Mithlesh Prasad Singh Resident of village - Simura Tola, Imliya Chak, P.S. Tekari, District - Gaya 4. Deo Nandan Mahto S/o Late Nathun Mahto Resident of village - Jamura, P.S. Tekari, District - Gaya ... ... Petitioner/s Versus 1. The State Of Bihar 2. Principal Secretary, Department of Water Resources, Government of Bihar, Patna 3. Commissioner, Magadh Division, Gaya 4. District Magistrate/Collector, Gaya 5. Chief Engineer, Tekari Division, Gaya 6. Chief Engineer, Department of Water Resources, Aurangabad 7. Superintendnding Engineer, Department of Water Resources, Aurangabad 8. Executive Engineer, Sone Uch Stariya Nagar, Tekari, Gaya 9. Executive Engineer, Uttari Koal Parmandal, Kurtha, Arwal ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate For the Respondent/s : Mr.Yogendra Pd. Sinha- AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 6 21-01-2025 Heard learned counsel for the petitioners and learned counsel for the State. 2. The present Writ Petition has been filed for a direction to appoint/consider the case of the petitioners for appointment on Class IV posts in the concerned department in view of circulars and orders of the State of Bihar. Patna High Court CWJC No.5118 of 2016(6) dt.21-01-2025 2/3 3. Learned counsel for the petitioners submits that the petitioners have been working for a long period under the respondents on daily wages, with the understanding or assurance that they would eventually be regularized as Class IV employees in the department. However, despite the passage of time, the respondents have not taken any action to consider their case for regularization. 4. In response to the petitioners' claims, learned Counsel for the State has raised a preliminary objection, arguing that the methodology or process for appointing Class-IV employees through a panel has now come to an end. Hence, no further appointments or regularization are possible through this old system. Counsel further submits that in the year 2023, Government of Bihar has introduced a new rule namely “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” and the petitioners have only remedy for regularization or permanent service in Class-IV post through the said channel. 5. In the light of the submissions made by the parties as well as in view of the change circumstances, this writ petition stands disposed off granting liberty to the petitioners to enter into the selection process through the new rule framed in the year 2023 i.e. “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok Patna High Court CWJC No.5118 of 2016(6) dt.21-01-2025 3/3 'kÙksZ½ fu;ekoyh] 2023”. 6. Even if the petitioners have exceeded the age limit, they will still be permitted to appear for the examination for Class-IV posts once. If the petitioners are successful in this examination, then they can be selected according to the new rule namely “fcgkj dk;kZy; ifjpkjh@ifjpkjh ¼fof'k"V½ ¼HkrhZ ,oa lsok 'kÙksZ½ fu;ekoyh] 2023” and they shall be treated to be a permanent employee. 7. With the aforesaid observation and direction, the Writ Petition stands disposed off. Ashwini/- (Dr. Anshuman, J) U