Patna High Court
Nagendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The High Court held that the dispute over the petitioner’s continuous service is a factual matter for the competent Labour Court, and therefore dismissed the writ petition.
Summary
Nagendra Singh, a casual labourer in the Bihar Election Department, filed a writ petition seeking the quashing of the Chief Electoral Officer's order dated 10-12-2018 which rejected his claim for regularisation as a Peon on the ground that he had not worked 240 days continuously for the last five years. The petitioner had previously approached this Court in 2010, 2015 and 2019, all of which resulted in orders directing the authority to consider his claim. The High Court held that the factual question of whether the petitioner satisfied the 240‑day continuous service requirement is a matter for the competent Labour Court, not for the High Court. Consequently, the writ petition was dismissed and the petitioner was directed to approach the Labour Court within 60 days, attaching a copy of the order. The Court emphasized that the Labour Court will decide the issue after hearing both parties.
Issues considered
- Whether the High Court can adjudicate the factual dispute regarding the petitioner’s continuous service of 240 days for five years for regularisation.
- Whether the writ petition seeking quashing of the Chief Electoral Officer’s order is maintainable before this Court.
Subjects
- regularisation
- casual labour
- election department
- writ of certiorari
- mandamus
- labour court jurisdiction
- service tenure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9525 of 2024
======================================================
Nagendra Singh Son of Late Shiv Nandan Singh Resident of Village and P.O.-
Sirsi, P.S.- Bakhtiyarpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Election Department,
Govt. of Bihar, Patna.
2. The Chief Electoral Officer, Election Department, 7- Mangles Road, Patna.
3. The Deputy Chief Electoral Officer, Election Department, 7- Mangles Road,
Patna.
4. The Joint Secretary, Election Department, 7- Mangales Road, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Ranjan Sinha, Advocate
Ms. Srishti Kumari, Advocate
For the State : Mr. Mukund Mohan Jha, (AC to GP-27)
For the ECI : Mr. Siddhartha Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel for the Election
Commission of India.
2. The present writ application has been filed for
issuance of a writ in the nature of certiorari and mandamus or
any other appropriate writ/ writs, order/ orders, direction/
directions commanding the respondents to grant the following
relief/s:-
“I. To quash the order dated 10.12.2018
passed by the Chief Electoral Officer-cum-
Secretary, Election Department, Government
of Bihar, Patna in Appeal Case No. 01/2018
forthwith.
Patna High Court CWJC No.9525 of 2024(2) dt.24-02-2026
2/3
II. To direct the concerned Respondents to
appoint the petitioner casual labour to
permanent post as a Peon in Election
Department forthwith.
III. To direct the concerned Respondents to
consider the prayer of the petitioner forthwith.
IV. To grant any other relief/reliefs which the
petitioner may be found entitled in the facts
and circumstances of the case.”
3. Learned counsel for the petitioner directly submits
that the petitioner had earlier moved before this Court in
C.W.J.C. No. 13906 of 2010, which was heard and disposed of
vide order dated 18.09.2012. Thereafter, the petitioner again
filed a writ petition bearing C.W.J.C. No. 5208 of 2015, which
was also heard and disposed of vide order dated 27.08.2018.
Subsequently, the petitioner filed M.J.C. petition bearing M.J.C.
No. 221 of 2019, which was disposed off as not pressed vide
order dated 25.01.2024. Counsel submits that by those orders
passed by this Hon’ble Court, the respondent authority was
directed to pass order hearing the petitioner, and in that light, the
concerned authority has passed order on 10.12.2018 in Appeal
Case No. 1/2018 by which the Chief Electoral Officer-cum-
Secretary, Election Department, Government of Bihar, Patna has
rejected the claim of the petitioner for regularization on the
Patna High Court CWJC No.9525 of 2024(2) dt.24-02-2026
3/3
ground that the petitioner has not worked 240 days continuously
for about last five years.
4. Whether the petitioner has worked for 240 days for
five years or not is a disputed question which can only be tested
by the competent Labour Court and not by the High Court.
5. It is due to this reason, this writ petition stands
disposed off with liberty to the petitioner to avail his remedy
before the competent Labour Court challenging the order dated
10.12.2018 passed by the Chief Electoral Officer-cum-
Secretary, Election Department, Government of Bihar, Patna.
And, the competent Labour Court shall decide the issue
involved in this matter after hearing both the parties. The
petitioner shall move before the competent Labour Court within
60 days from today along with a copy of this order.
(Dr. Anshuman, J)
Divyansh/-
U
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