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2005 DIGILAW 901 (PAT)

Siyawar Saran Boy v. State Of Bihar

2005-09-29

NARAYAN ROY

body2005
Judgment Narayan Roy, J. 1. Heard counsel for the parties. 2. The petitioner seeks directions upon the respondents to regularise his services on the post of Daftari in the office of the Superintendent of Excise, West Champaran, Bettiah. 3. It is submitted by learned counsel for the petitioner that by virtue of the order as contained in annexure-1 dated 11.5.1985, the petitioner was engaged on daily wages on temporary basis on the post of Daftari. He continued to work as Daftary on daily wages against the sanctioned post of Daftari. His case thereafter was recommended by the Superintendent Excise to the Excise Commissioner, Govt. of Bihar, vide letter dated 12.11.1987, as Contained in annexure-3 for his appointment on the post of Daftari. Again the case of the petitioner was recommended vide annexures 4/A and 4/B, but the case of the petitioner was not finally considered by the Excise Commissioner, though he continued to work on daily wages. It is further submitted that again the case of the petitioner was recommended by the Collector of the district vide letter dated 15th January, 1991 as contained in annexure-5, but till date neither the petitioner has been disengaged nor he has been regularised on the post of Daftari. Learned counsel, in this view of the matter, submitted that owing to the services rendered by the petitioner for a pretty long time, the authorities may be Directed to consider his case for regularisation the post of Daftari which is lying Vacant since long. 4. A counter affidavit has been filed on behalf of the respondents wherein the claim of the petitioner has not been denied in so many words, rather it is stated that on account of pendency of this writ application the case of the petitioner is not being considered by the competent authority. 5. It is not in dispute that the petitioner is continuing to work on daily wages on the post of Daftari since 1985. 6. I am informed that the petitioner till date is continuing on the post of Daftari on daily wages. 7. It is also not in dispute that the. sanctioned post of Daftari is lying vacant in the office of the Superintendent of Excise, Bettiah. 8. Considering the facts and circumstances of the case and the stand taken by the State in its counter affidavit, as referred to above, the Secretary, Department of Excise, Govt. 7. It is also not in dispute that the. sanctioned post of Daftari is lying vacant in the office of the Superintendent of Excise, Bettiah. 8. Considering the facts and circumstances of the case and the stand taken by the State in its counter affidavit, as referred to above, the Secretary, Department of Excise, Govt. of Bihar, Patna, respondent no. 2, is directed to consider the case of the petitioner for his regularisation on the post of Daftari keeping in view the fact that he is continuing to work as Daftari on daily wages since 1985. This exercise must be completed by respondent no. 2 within a period of three months from the date of receipt/production of a copy of this order. 9. With this direction/observation, this application is disposed of.