IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2314 of 1998 RAMASHISH RAM, SON OF SRI VISHWANATH RAM, RESIDENT OF VILLAGE- TADHAWA NANDPUR, P.S.- BAIRIA, DISTRICT- WEST CHAMPARAN AT PRESENT POSTED AS FEE COLLECTOR (CLASS-III) ON DAILY WAGES BESIDES IN THE AGRICULTURE PRODUCE MARKET COMMITTEE, BAGHAN, P.S.- BAGHAN, DISTRICT- WEST CHAMPARAN :--- PETITIONER . Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, AGRICULTURE DEPARTMENT, NEW SECRETARIAT, BAILY ROAD, P.S.- KOTWALI, DISTRICT- PATNA. 2. THE DEPUTY SECRETARY, AGRICULTURE DEPARTMENT, NEW SECRETARIAT, BAILY ROAD, P.S. KOTWALI, DISTRICT- PATNA. 3. THE BIHAR STATE AGRICULTURE MARKETING BOARD THROUGH THE MANAGING DIRECTOR, BIHAR STATE AGRICULTURE MARKETING BOARD, PATNA, PANTH BHAWAN, JAWAHARLAL NEHRU MARG, P.S.- SRIKRISHNAPURI, DISTRICT- PATNA. 4. THE MANAGING DIRECTOR, BIHAR STATE AGRICULTUREMARKETING BOARD, PATNA, PANTH BHAWAN, JAWAHARLAL NEHRU MARG, P.S.- SRIKRISHNAPURI, DISTRICT- PATNA. 5. THE DIRECTOR MARKETING, BIHAR STATE AGRICULTURE MARKETING BOARD, PATNA, PANTH BHAWAN, JAWAHARLAL NEHRU MARG, P.S.- SRIKRISHNAPURI, DISTRICT- PATNA. 6. THE SECRETARY, BIHAR STATE AGRICULTURE MARKETING BOARD, PATNA, PANTH BHAWAN JAWAHARLAL NEHRU MARG, P.S.- SRIKRISHNAPURI, DISTRICT- PATNA. 7. THE UNDER SECRETARY, BIHAR STATE AGRICULTURE MARKETING BOARD, PATNA, PANTH BHAWAN JAWAHARLAL NEHRU MARG, P.S.- SRIKRISHNAPURI, DISTRICT- PATNA. 8. THE AGRICULTURE PRODUCE MARKET COMMITTEE, BAGHA, THROUGH THE SUB-DIVISIONAL OFFICER CUM SPECIAL OFFICER AGRICULTURE PRODUCE MARKET COMMITTEE, BAGHA DISTRICT WEST CHAMPARAN. 9. THE SUB-DIVISIONAL OFFICER CUM SPECIAL OFFICER, AGRICULTURE PRODUCE MARKET COMMITTEE BAGHA, DISTRICT- WEST CHAMPARAN. 10. THE MARKET SECRETARY, AGRICULTURE PRODUCE MARKET COMMITTEE, BAGHA, DISTRICT- WEST CHAMPARAN :--- RESPONDENTS. ----------- For the petitioner :- Mr. Jai Prakash Verma, Advocate. For the State :- Mr. K Ravish, Advocate. For the Board (Dissolved) : Mr. B.K.Singh Chauhan, Advocate. ======= 4. 23.07.2010. Heard learned counsel for the petitioner, State and the Bihar State Agriculture Marketing Board (dissolved) (hereinafter referred to as the “Board”). 2. Petitioner was engaged as daily-wager by the Market Committee, Bagha (hereinafter referred to as the “Committee”). He has filed this writ application praying, - 2 - inter alia, to direct the Board and the Committee, Bagha to consider his case for regularization in the service of the Board/Committee. 3. During the pendency of the writ petition the Board has been dissolved by enacting Bihar Agriculture Produce Market (Repeal) Act, 2006 (hereinafter referred to as the “Act”). In the light of the provisions contained in Section 6 of the Act a scheme has been framed for absorption of the employees of the Board/Committee but the services of the daily-wagers have not been regularized. During the pendency of this application in the light of the scheme framed under Section 6 of the Act the regular employees of the Board and the Committee have been absorbed in the different departments of the Government. Petitioner and other daily-wager serving the Bagha Committee have been disengaged under Office Order No. 3 dated 26.3.2007, Annexure-19 which has also been impugned in this case by filing I.A.No. 2633 of 2007. By filing supplementary affidavit petitioner has placed on record office order no. 93 dated 1.11.1994 (Annexure-25) passed by the Secretary of the Committee, Bagha, whereunder petitioner and others were engaged as daily-wager in the Committee in the scale of Rs. 975-1020/- on provisional basis with direction that petitioner and others will be entitled for payment of Dearness Allowance for the period during which they served. It was also stated in the order dated 1.11.1994, Annexure- 25, that no deduction shall be made from their wage for deposit as C.P.F. Counsel for the petitioner submitted that as petitioner and others were engaged in the scale of Rs. 975-1020/- which was revised from time to time with direction to be paid Dearness Allowance it should be deemed that petitioner and others are employee of the Committee and ought not to have been disengaged under the impugned order. In support of such plea he has relied on the orders of this Court passed in the case of Rajendra Kumar Vs. The State of Bihar and others passed in C.W.J.C.No. 4875 of - 3 - 2007, Annexure-26 in which this Court having considered the resolution of the Committee by which the petitioner of the said case was engaged held that the petitioner of the said case was regular employee of the Committee. 4. From office order no. 93 dated 1.11.1994, Annexure-25 it is quite evident that petitioner was engaged as a daily-wager in the scale of Rs. 975-1020/- with direction to receive even the dearness relief but such payment was only for the period during which he was actually serving, as such, nature of employment of the petitioner was only engagement and not appointment against a regular post. In the circumstances, if he has been terminated under the impugned order dated 26.3.2007, Annexure-19 there does not appear to be any illegality. Counsel for the petitioner, however, submitted that notwithstanding the termination of the services of the petitioner and others under order dated 26.03.2007, Annexure-19 the case of the petitioner and others is required to be considered for absorption by the Committee of the Secretaries of the Government in view of the provisions contained in Section 6 of the Act as on the date of dissolution petitioner was serving the Committee, Bagha. Let the case of the petitioner be considered for absorption by the competent authority i.e. committee of Secretaries in view of the provisions contained in Section 6 of the Act within a reasonable time in any case within three months from the date of receipt of this order before the competent authority i.e. Committee of Secretaries. 5. The writ petition is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)