IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5050 of 2007 RAJ KISHORE PRASAD, SON OF LATE RAM AUTAR LAL, RESIDENT OF MOHALLA S.D.O. ROAD, HAJIPUR, PO HAJIPUR, P.S. TOWN HAJIPUR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR, THROUGH THE AGRICULTURAL PRODUCT COMMISSIONER, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF BIHAR, PATNA. 2. THE AGRICULTURE PRODUCT COMMISSIONER, DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 4. THE DIRECTOR, DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 5. THE DEPUTY DIRECTOR (ADMINISTRATION), DEPARTMENT OF AGRICULTURE, NEW SECRETARIAT, BIHAR, PATNA. 6. THE JOINT DIRECTOR, PLANT PROTECTION, DEPARTMENT OF AGRICULTURE, MITHAPUR AGRICULTURE FIRM, PATNA. 7. THE JUNIOR PLANT PROTECITON OFFICER, DEPARTMENT OF AGRICULTURE, KATIHAR. For the petitioner : Mr. Bhubneshwar Prasad, Advocate. For the State : Mr. Sunil Kumar Ravi, AC to AAG-III. ---------------- 2. 21.10.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner was appointed as a Labourer in the Class-IV scale of Rs. 350-425/- by the Joint Director, Agriculture, (Plant Protection), Bihar, Patna in the Special Rice Scheme in the office of Joint Plant Protection Officer, Katihar for a period of three months under Memo No. 1860 dated 8th August, 1988. Said appointment /engagement was extended 2 from time to time by the Joint Director under order dated 2.11.1988, 13th February, 1989, 13th April, 1989 and continued until 30th June, 1989. Aforesaid orders are contained in Annexures- 1 to 4 to the writ petition. After 1.7.1989 until 11.3.1993 petitioner continued as labourer in the same office on the instruction of Junior Plant Protection Officer, Katihar. 3. By filing the present writ petition prayer is made to consider the case of the petitioner for regularization as he has completed more than 240 days in the service of the State prior to the cut off date fixed under resolution of the Personnel and Administrative Reforms Department dated 16.3.2006, Annexure-17, which also provides for regularization of the services of the daily wagers engaged prior to the cut off date. 4. State Respondents have opposed the prayer by filing counter affidavit and placing on record the order bearing Memo No.860 dated 31.7.2007, Annexure-A passed by the Joint Director, Agriculture(Plant Protection) refusing the request of 3 the petitioner for regularization on the ground that petitioner was never engaged by the authorities to discharge the duties on daily wage. In this connection, it is submitted that the services rendered by the petitioner during the period between 8.8.1988 till 30.6.1989 was appointment for a fixed period of three months in the scale of Rs.350-425/-, which is different from engagement on daily wage. As regards continuation of the petitioner for the period between 1.7.1989-11.3.1993, it is submitted that during the said period also petitioner served as labourer in the scale payable to a Class-IV employee but such service rendered by the petitioner was absolutely without jurisdiction as the Junior Plant Protection Officer, Katihar who authorized him to serve as labourer during the said period was not authorized to continue the petitioner in employment after 1.7.1989 till 11.3.1993. From perusal of orders contained in Annexures-1, 2, 3 and 4 it is quite evident that petitioner was appointed to serve as labourer in the scale admissible to a Class-IV employee for a period of three months, which was extended from time to 4 time until 30.6.1989 on the same terms, which is contained in order dated 8.8.1988, Annexure-1. Perusal of paragraph-3 of order dated 8.8.1988, Annexure-1 would indicate that thereunder it was directed that for regularization in the Government service petitioner will have to be considered in the light of the instructions of the Personnel and Administrative Reforms Department of the State Government bearing letter no.16441 dated 3.12.1980. Circular letter no.16441 dated 3.12.1980 is the instruction of the State Government for appointment on Class-IV post in the collectorate and attached offices including the offices of the other line departments situate within a district. Under office order dated 8.8.1988 petitioner was appointed as labourer in the scale admissible to the Class-IV employee but such appointment was made for fixed period of three months with further stipulation in paragraph-3 of the said order that for regular appointment petitioner shall have to undergo the same process, which is contained in circular letter no.16441 dated 3.12.1980 which is the Government 5 instructions for appointment on Class-IV post. Circular letter no.16441 dated 3.12.1980 has been clarified by the State Government from time to time. One such clarification was made under Memo No.452/84 dated 26.5.1987, which inter alia provides that the appointment on Class-IV post in the collectorate, attached offices and other line departments is to be made on the basis of the panel prepared with reference to the date of appointment. The seniority of the earlier panel has to be maintained. Petitioner having served as labourer in the office of the Junior Plant Protection Officer, Katihar from 8.8.1988 his name should have been included in the panel prepared by the Collector, Katihar in the light of the instructions of the Government contained in circular letter dated 3.12.1980 and the subsequent clarification made under circular letter dated 26.5.1987 and 25.4.1997. For any reason if the name of the petitioner has not been included in the said panel prepared by the Collector after 8.8.1988, for such non-inclusion in the panel by the authorities petitioner cannot be allowed 6 to suffer. 5. Accordingly, I direct the Collector, Katihar to first verify whether petitioner was included in the panel prepared after 8.8.1988 in compliance of the circular letter dated 3.12.1980 and if he has not been included in the said panel to include the name of the petitioner in the panel of Class-IV employees prepared pursuant to circular letter no.16441 dated 3.12.1980 and the subsequent clarification issued from time to time dated 26.5.1987, 25.4.1997 giving him the seniority with effect from 8.8.1988 and consider him for appointment on Class-IV post as per his position in the said panel in accordance with law, as early as possible, in any case within a reasonable time not exceeding three months from the date of receipt/production of a copy of this order before the Collector, Katihar. 6. In view of my direction above the order passed by the Joint Director, Agriculture(Plant Protection) dated 31.7.2007, Annexure-A is quashed. AFR P.K.P/Rajesh (V.N.Sinha,J.)