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Patna High Court

Nagendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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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