Patna High Court
Md. Idrish MansuriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court directed the Collector‑cum‑District Magistrate to consider the petitioners' representation and pass a decision within 90 days, and disposed of the writ petition.
Summary
A group of twenty‑four petitioners, employed as daily‑wage drivers/peons in Begusarai district, filed a writ petition seeking regularisation in class‑IV posts, protection from removal, and payment of any dues. They claimed to have submitted a representation to the District Magistrate on 1 April 2022, but no order was issued. The State argued that, as daily‑wage employees, the petitioners were not eligible for regular appointment and cited Kapil Kumar v. State of Bihar (2020) 1 PLJR 287. The Court noted that no decision had been taken on the representation and directed the petitioners to file a copy of the representation and the order, and ordered the Collector‑cum‑District Magistrate to decide the matter on its merits within 90 days. Consequently, the writ petition was disposed, with the parties free to supplement the representation.
Issues considered
- Whether daily‑wage employees appointed as drivers/peons can be regularised in class‑IV posts.
- Whether the District Magistrate has authority to make regular appointments for such employees.
- Whether the petitioners are entitled to relief such as restraining removal and payment of dues.
Subjects
- regularisation
- daily wage employees
- class‑IV posts
- writ petition
- administrative law
- Bihar service rules
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7722 of 2022
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1. Md. Idrish Mansuri Son of Late Ramjani Miyan Resident of Village-
Khodabandpur, Ward no. 02, P.S.- Khodabandpur, District- Begusarai.
2. Ranjit Paswan Son of Bhola Paswan Resident of Village- Bhansi Mansi,
Ward No.- 02, P.S.- Garhpura, District- Begusarai.
3. Bambam Jha Son of Late Ram Kumar Jha Resident of Village- Bahuara,
P.S.- Mansurchak, District- Begusarai.
4. Sanjeet Kumar Son of Rajenda Ray Resident of Village- Mohan Bigha,
Ward no. 41, P.S.- Muffassil, District- Begusarai.
5. Motilal Sah Son of Panna Lal Sah Resident of Village- Kalyanpur, P.S.-
Sahebpur Kamal, District- Begusarai.
6. Hari Shankar Das Son of Sukhdeo Das Resident of Village- Musahari, P.S.-
Khodabandpur, District- Begusarai.
7. Vijay Kumar Paswan Son of Late Ramprit Paswan Resident of Village-
Sherpur, P.S.- Bhagwanpur, District- Begusarai.
8. Kundan Kumar Kaushik Son of Ramnandi Verma Resident of Village-
Maisana, P.S.- Garhpura, District- Begusarai.
9. Dharmenda Kumar Singh Son of Polindra Singh Resident of Village-
Hajipur, P.S.- Barauni, District- Begusarai.
10. Avinash Kumar Singh Son of Nawal Kishore Singh Resident of Village-
Daniyalpur, Gate no.- 12, P.S.- Teghra, District- Begusarai.
11. Surjeet Kumar Son of Late Sumrit Paswan Resident of Village-
Chiranjivipur, P.S.- Bachhwara, District- Begusarai.
12. Ritesh Kumar Son of Sitaram Singh Resident of Village- Ramdiri Mahajee
Tola, P.S.- Matihani, District- Begusarai.
13. Pankaj Kumar Son of Shashidhar Paswan Resident of Village- Ulaw, Ward
no. 3, P.S.- Begusarai, District- Begusarai.
14. Lal Babu Kumar Son of Manoj Jha Resident of Village- Tilrath, P.S.-
Barauni, District- Begusarai.
15. Rakesh Kumar Son of Mahendra Tanti @ Mahendra Das Resident of
Village- Suryapur, P.S.- Bhagwanpur, District- Begusarai.
16. Ajeet Kumar Son of Rajendra Ray Resident of Village- Bari Aighu, P.S.-
Begusarai Muffasil, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Department of General
Administration, Patna.
2. The Principal Secretary Department of General Administration, Govt. of
Bihar, Patna.
3. The Collector cum District Magistrate Begusarai.
4. The Additional Collector Begusarai.
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5. The Deputy Collector Establishment, Begusarai Collectorate, Begusarai.
6. The Sub-Divisional Officer Begusarai.
7. The Block Development Officer Cheriya Baiyarpur, District- Begusarai.
8. The Block Development Officer Garhpura Block, District- Begusarai.
9. The Block Development Officer Mansurchak Block, District- Begusarai.
10. The Block Development Officer Matihani Block, District- Begusarai.
11. The Circle Officer Sahebpur Kamal, District- Begusarai.
12. The Block Development Officer Khodabandpur, District- Begusarai.
13. The Block Development Officer Bhagwanpur, District- Begusarai.
14. The Circle Officer Nawkothi, District- Begusarai.
15. The Circle Officer Barauni, Distirct- Begusarai.
16. The Block Development Officer Teghra, District- Begusarai.
17. The Circle Officer Bhagwanpur, District- Begusarai.
18. The Circle Officer Matihani, District- Begusarai.
19. The Circle Officer Begusarai Sadar, District- Begusarai.
20. The Block Development Officer Barauni, District- Begusarai.
21. The Block Development Officer Veerpur, District- Begusarai.
22. The Block Development Officer Begusarai, District- Begusarai.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Maharaj, Advocate
For the Respondent/s : Mr. Md. Nadim Seraj (GP-5)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 29-01-2026 Heard learned counsel for the petitioners and learned
counsel for the State.
2. The present writ petition has been filed for the
following relief/s:-
“I. For issuance of an appropriate
writ/writs, order/orders,
direction/directions commanding the
Respondents authorities to
absorb/regularise the services of the
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petitioners against the class-iv posts as
driver/peon in terms of the Government
Resolution vide Memo no.639 dated
16.03.2006, letter dated 28.12.2011 and
letter no.10883 dated 30.08.2017 issued
by the Addl. Secretary, Department of
General Administration, Govt. of Bihar,
Patna as contained in Annexure- 17
Series.
II. For issuance of a direction/directions
to the Respondents to restrain them from
removing the petitioners from their
respective service.
III. For issuance of a direction/
directions to make payment of the due
remuneration to the petitioner, if any.
IV. For issuance of any other
relief/reliefs for which the petitioners
are found entitled to under the facts and
circumstances of the case.
And/Or
Pass such other order/orders, direction/
directions which your Lordships may
deem fit and proper under the facts and
circumstances of the case.”
3. Learned counsel for the petitioners submit that they
have filed representation before the District Magistrate,
Begusarai vide Annexure-19, which has been received in the
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office of D.M on 01.04.2022, but no order has been passed on
the same. Counsel submits that the petitioners are appointed as
daily wagers and work of Chief Driver has been taken from
them.
4. Learned counsel for the State submits that the
counter affidavit has been filed in which it has come that the
petitioners were appointed as daily wage employees and they
are demanding consideration for regularization on Class-III post
which is of driver. He submits that the petitioners are not
entitled for any relief as in the light of Kapil Kumar & Ors. Vs.
The State of Bihar & Ors. with other analogous cases reported
in (2020) 1 PLJR 287, the D.M cannot make regular
appointment.
5. In light of the submissions made and upon a
specific query from the Court as to whether any decision has
been taken on the petitioners’ representation, i.e., Annexure-19,
both counsel jointly submits that no decision has been taken on
Annexure-19.
6. As such, the petitioners are hereby directed to
produce a copy of Annexure-19 as well as a copy of this order
before the Collector cum District Magistrate Begusarai
(Respondent no.3), within 30 days and the Respondent no.3
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shall pass order on the petitioners’ representation i.e. Annexure-
19, considering in its own merit within 90 days thereafter.
7. Accordingly, with the aforesaid direction, this writ
petition along with the interlocutory application(s) if any, stands
disposed off. The petitioners shall be at liberty to supplement
their representation.
(Dr. Anshuman, J)
Divyansh/-
U
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