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2020 DIGILAW 24 (PAT)

Kamlesh Paswan v. State of Bihar

2020-01-08

HEMANT KUMAR SRIVASTAVA, PRABHAT KUMAR SINGH

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HEMANT KUMAR SRIVASTAVA, J.:–Heard the parties. 2. The appellant was working as driver on daily basis in the office of District Agriculture Officer, Kaimur but subsequently, he was restrained from his work by the then District Agriculture Officer, Kaimur. In the meantime, an advertisement for appointment of Class-IV employees in the office of District Magistrate, Kaimur was published in the year 2015 and the appellant also applied for the above stated Class-IV post. 3. The appellant came before this court by filing CWJC No. 13780 of 2015 claiming regularization of his service on the post of driver as well as for issuance of direction to concerned authorities not to restrain him from working on the post of driver in the office of District Agriculture Officer, Kaimur. The learned Single Judge dismissed the writ petition passing the impugned order dated 21.08.2018, which has been challenged by the appellant before this appellate court. 4. Learned counsel appearing for the appellant submits that appellant was working as driver since the year 2010 and the appellant only wants that at the time of selection of Class-IV employees preference should be given to the appellant. 5. Considering the aforesaid submissions as well as facts and circumstances of the case, we do not think it proper to interfere into the findings given by the learned Single Judge and accordingly, this appeal stands dismissed. However, it is made clear that selection process of Class-IV employee shall be made in accordance with law.