Patna High Court
Mani Mohan Rai vs The State Of Bihar And Ors on 10 April, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8551 of 2018
======================================================
Mani Mohan Rai S/o Jamun Rai, Resident of Village- Jitwarpur Chouth, P.S.
and District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar through the Principal Secretary, Water Resources
Department, Bihar, Patna.
2. The Joint Secretary of the Government of Bihar, Water Resources
Department, Patna.
3. The Additional Secretary of the Government of Bihar, Water Resources
Department, Patna.
4. The Chief Engineer, Flood Control and Drainage Division, Water Resources
Department, Samastipur.
5. The Executive Engineer, Drainage Division, Water Resources Department,
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar Sinha No.-1, Advocate
For the State : Mr. Vinay Kriti Singh (Ga-2)
Mr. Sumant Kumar Singh (AC to GA-2)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 10-04-2025
Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
"I. For quashing of the order contained in
Letter No.152 dated 26.03.2018 (annexed as
Annexure-P/7) passed by the Executive
Engineer, Drainage Division, Water
Resources Department, Samastipur
(Respondent no.5).
II. For quashing of the departmental letter
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vide Letter No.665 dated 21.04.2017
(annexed as Annexure-P-7A).
III. For any other relief or reliefs for which
the petitioner is entitled for."
3. Learned Counsel for the petitioner submits that
the petitioner was appointed as daily wages employee on
15.06.1985
as typist and subsequently, as a wireless operator in
the year 1991 and continued in service as wireless operator till
date of order of termination i.e. 26.03.2018 which is order
impugned. Counsel submits that the petitioner has moved before
this Hon’ble Court in Civil Writ Jurisdiction Case No. 11507 of
1999 in which vide order dated 14.02.2005, this Hon’ble Court
has pleased to direct the respondents to consider the case of the
petitioner in accordance with law and take a decision with
regard to him likewise within a period of six months from the
date of receipt/production of a copy of this order. Counsel
further submits that petitioner thereafter, filed his representation
before the Executive Engineer, Drainage Division, Samastipur,
but no order was passed. Thereafter, petitioner filed several
representations before the higher authority on which the
petitioner was directed to file a check list which the petitioner
has filed. Counsel further submits that the petitioner was
appointed by the Executive Engineer who is empowered to
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appoint a person on a daily wages and about his appointment,
approval has been taken from the higher authority. Counsel
submits that the petitioner worked in the department for more
than 10 years on sanctioned vacant post. Counsel submits that
in-spite of those orders and representations, petitioner’s case has
not been properly considered and finally, the Superintending
Engineer, Flood Control Circle, Samastipur has terminated the
service of the petitioner w.e.f. 12.02.2018. Counsel submits that
the said termination order has been passed without giving any
opportunity to the petitioner to defend.
4. Learned Counsel for the petitioner further
submits that the Water Resources Department, Government of
Bihar has issued a letter contained in Memo No.959 dated
31.08.2016 according to which, those daily wagers who comes
within the purview of Secretary, State of Karnataka & Ors. Vs.
Umadevi & Ors. reported in (2006) 4 SCC 1 has been directed
to be absorbed otherwise, other person shall be directed to be
terminated (annexed as Annexure-P/7 series). Counsel submits
that the said letter has not been considered in the case of the
petitioner at all. Counsel further submits that in the order
impugned, no consideration has been made and petitioner has
been removed. Counsel further submits that due to pendency of
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the writ petition, petitioner has crossed the age of
superannuation. As such, a direction may be given to the Chief
Engineer, Water Resources Department, Samastipur to pass
order on the points of regularization in accordance with law
considering this fact also.
5. Learned Counsel for the State on the other hand
submits that there is a specific pleading of the Respondent-State
that the petitioner was neither engaged on any sanctioned post
nor appointed by the competent authority. The name of
petitioner has also not received from the employment exchange
and no due process has been adopted/followed at the time of
engagement/appointment of the petitioner and no competitive
test has been held at the time of selection of the petitioner.
Counsel further submits that it is also the stand of the State that
in light of Secretary, State of Karnataka & Ors. Vs. Umadevi &
Ors. (supra), the daily wage employees, seasonal employees,
contractual employees cannot claim for regularization.
Therefore, the claim of the petitioner has not been considered as
the petitioner did not worked for 10 years on sanctioned vacant
post. Counsel further submits that in the case of Ram Sevak
Yadav Vs. The State of Bihar & Ors. reported in (2013) 1
PLJR 964 (FB), also states that the seasonal employees, daily
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wagers, contractual employees will not be considered for the
regularization. And hence, petitioner’s case has not been
considered at all particularly when, petitioner was examined and
it was found that petitioner was engaged as typist on daily wage
basis by the Executive Engineer was not the competent
authority and later, petitioner was engaged as wireless operator
on daily wage basis. Petitioner has also not fulfilled the criteria
laid down by Hon’ble Supreme Court in case of Secretary, State
of Karnataka & Ors. Vs. Umadevi & Ors. (supra). Therefore,
petitioner was disengaged from the service vide Letter No.152
dated 26.03.2018 (annexed as Annexure-P/7). Counsel submits
that in the light of the submissions made, there is no case of the
petitioner at all.
6. Upon hearing the parties and perusal of the
documents on record particularly, the content of Annexure-C/4
to the counter affidavit which states as follows:-
“ववभागीय i=kad 665 वदनांक 21.04.2017,
मु खय अवभयनता बाढ fu;a=.k एवं जल वनससरण,
जल सं साधन ववभाग, समसतीपु र के जापांक 374
वदनांक 12.02.2018 एवं अधीकण अवभयं ता, बाढ
fu;a=.k अं चल, समसतीपु र के i=kad 303 वदनांक
21.02.2018 दारा दै वनक वे तन भोगी कवमरयो
यथा Jh iz|qEu राय एवं Jh मवणमोहन राय को
कायरमुवकत की lwpuk मौवखक एवं वलवखत रप से
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अतः Jh iz|qEu राय एवं Jh मवणमोहन राय,
दै वनक वे तन भोगी कमीर, जल वनससरण izeaMy,
समसतीपु र को ववभागीय i= के आलोक मे
वदनांक 12.02.2018 के अपराहन से ही कायरमुकत
वकया जाता है ।”
7. It transpires to this Court that the pleadings made
in the counter affidavit is basically expansion of the reasons for
non-regularization by the State which has not been mentioned in
the Office order contained in Letter No.152 dated 26.03.2018
(annexed as Annexure-C/4 to the counter affidavit). It also
transpires to this Court that a check list was submitted by the
petitioner which is annexed as Annexure-P/3 and particularly,
the decision passed by this Hon’ble Court vide order dated
14.02.2005 in CWJC No. 11507 of 1999 whose operative part
for the petitioner states as follows:-
“In so far as petitioner No.2 be concerned,
it is submitted that he is employed on daily
wage basis since 1985. In view of the
averments made in the paragraph-20 of the
counter affidavit, this writ application is
disposed off in similar terms with a
direction to the Respondents to consider the
case of the petitioner in accordance with
law and take a decision with regard to him
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the date of receipt/production of a copy of
this order. The allegation of the petitioners
with regard to the charges of discrimination
in so far as persons juniors to the
petitioners having been considered would
have to be duly taken note of the
respondents. While considering the case of
the petitioners for regularisation. The writ
application stands allowed and disposed
with the aforesaid direction.”
8. It transpires to this Court that whatever be the
reasoning assigned by the respondent in the counter affidavit,
are lacking in the removal letter. This indicates that the grounds
available to the petitioner has not been considered by the
respondent authority at all and it is due to this reason
particularly, no check list was discussed, no other points which
has been mentioned in the counter affidavit has been in the order
sheet, this Court is of the firm view that the said order is
completely a lack of reasoning. Therefore, Letter No.152 dated
26.03.2018 (annexed as Annexure-P/7) is hereby set aside.
9. It is hereby directed to the Chief Engineer, Flood
Control and Drainage Division, Water Resources Department,
Samastipur (Respondent no.4) to pass a reasoned and speaking
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order within 90 days from the date of production of the order
with regard to the consideration of those documents relating to
regularization of the petitioner afresh considering all the
annexures about which this Court has indicated in the order
particularly, the check list which is annexed as Annexure-3, the
length of service, provision of law and the pleadings made by
the petitioner himself that for daily wages employee, the
Executive Engineer is the competent authority for appointment
and the competent authority has taken approval from the higher
authority also.
10. Accordingly, with the aforesaid observation and
direction, the present writ petition is hereby allowed.
(Dr. Anshuman, J)
Divyansh/-
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