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2004 DIGILAW 1051 (PAT)

Mohammad Usman v. State Of Bihar

2004-09-30

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. The petitioner seeks direction upon the respondents to regularise his services on the post of sweeper in State Crime Record Bureau and Computer, Bihar, Patna. 3. It is submitted by learned counsel for the petitioner that the petitioner was engaged to work on daily wages as sweeper in the year 1996 and continued to work on the post till 31st March, 1999. It is also submitted that one Anup Ram was also engaged to work subsequently, but he has been regularised vide order, as contained in annexure 2, in the year 1999 and the claim of the petitioner has been ignored. It is also submitted by learned counsel for the petitioner that the petitioner after issuance of annexure 2 filed his representation, as contained in annexure 3, for his regularisation, but the same has not yet been disposed of. 4. A counter affidavit has been filed on behalf of the respondents, but no plausible explanation has been given as to under what circumstances claim of the petitioner was ignored, when he worked as sweeper since 1996 till 1999. 5. There is nothing on record to show as to how many sanctioned posts of sweeper are available in the Department concerned. However, it appears that the petitioner and Anup Ram were engaged on the posts of sweeper simultaneously in the Department. It further appears to me that the petitioner had preferential claim over Anup Ram as Anup Ram was appointed subsequent to the petitioner. However, in the facts and circumstances of the case, it would not be appropriate for this Court to unseat Anup Ram in case there is only one sanctioned post of sweeper. 6. The respondents, in the given facts and circumstances of the case, therefore, are directed to consider the case of the petitioner for his regularisation in light of his representation, in case the post of sweeper is still lying vacant in the Department. This exercise, however, must be completed by the concerned respondents within a period of six weeks from the date of receipt/production of a copy of this order. 7. With the direction/observation aforesaid, this application is disposed of.