Patna High Court CWJC No.3811 of 2009 (5) dt.12-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3811 of 2009 ====================================================== 1.Dharmendra Kumar Sinha 2.Birendra Jha 3.Manikant Singh 4.Niranjan Kumar 5.Awadh Kishore Singh------------------ .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Sinha For the Respondent/s : Mr. (Ga10) ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 5 12-09-2011 Heard counsel for the petitioners and the counsel appearing for the State. Petitioners have worked as daily wagers in Anugrah Narayan Magadh Medical College, Gaya. Their claim is that prior to 1990 all of them have regularly worked as daily wagers for more than 240 days continuously for five years. In view of their continuous working for more than five years for 240 days prior to 1990, they are entitled for absorption on their posts in view of circular and guidelines issued from Department of Personnel and Administrative Reforms contained in letter No. 63 dated 16.3.2006 and letter No. 1533 dated 16.3.2006 respectively. Director-in-Chief, Health Services, Bihar, issued Patna High Court CWJC No.3811 of 2009 (5) dt.12-09-2011 letter to Principals of all Medical Colleges vide letter No. 1423 (4) dated 29.8.2006 for absorption of daily wagers in pursuance to Circular No. 639 dated 16.3.2006 and letter No. 1533 dated 3.6.2006 The District Magistrate, Gaya issued letter no. 659 dated 31.8.2006 for sending names of daily wage employees working in different departments, who fulfilled the criteria of working for 240 days in each five year prior to 1990. Since Petitioner no.3 Manikant Singh is no more alive, his claim for absorption will not be considered. Petitioners’ grievance is that the Principal, Anugrah Narayan Magadh Medical College, Gaya sent petitioners’ names to the Chairman of the District Establishment Committee for considering their case for absorption but it was not considered and they have not been absorbed. Counter affidavit has been filed on behalf of Principal Anugrah Narayan Magadh Medical College, Gaya (Respondent no.7). There is no denial to this fact that the petitioners’ have worked for 240 days in each five years prior to 1990, rather the stand of the Principal of the College is that the District Magistrate in Capacity of the Chairman of the District Establishment committee is the authority to prepare the panel. Counter affidavit filed on behalf of District Magistrate, Patna High Court CWJC No.3811 of 2009 (5) dt.12-09-2011 Gaya Respondent nos. 5 and Nazarat Deputy Collector, Gadya Respondent No. 6 is in contradiction to the counter affidavit filed on behalf of respondent no.7. There is an admission that initially the Principal of Anugrah Narayan Magadh Medical College, Gaya had recommended names of the petitioners for absorption but subsequently another letter was issued intimating that petitioners do not fulfill the criteria of working for 240 days in a year continuously for five years, prior to 1990 and for this reason their candidature was rejected. Petitioners have started working much earlier to 1990 and have worked till 1994, considering the statement in the counter affidavit that they have been paid their salary till 1994. Counsel for the petitioners submits that they fulfill requisite criteria for absorption. All of them have worked for more than 240 days, for five years, prior to 11.12.1990. Their claim is being denied on the basis of a wrong statement in the counter affidavit. Since there are no other documents either to accept or reject the claim of the petitioners, this application is being disposed off, giving direction to the Principal, Anugrah Narayan Magadh Medical College, Gaya for sending entire connected records of petitioners’ as daily wagers for Patna High Court CWJC No.3811 of 2009 (5) dt.12-09-2011 consideration before the District Establishment Committee. The District Establishment Committee will verify from the connected records, the eligibility of petitioners and proper recommendation in accordance with law will be made in favour of the petitioners for their absorption. Respondents will implement the direction of this Court within three months from the date of production/communication of this order. The writ application stands disposed off. Arun Kumar/- (Mridula Mishra, J)