Grant Of Permission Considering Work Experience Automatically Covers Relaxation Of Age: Patna HC Directs Authorities To Consider Regularisation Of Daily Wagers

The Court said that daily wagers who were working prior to a change of the educational qualification have lesser qualifications but the direction that was made to consider their work experience, automatically means that the Court has relaxed the education qualification.

The Court was hearing a Writ Petition seeking to quash the order of the Engineer-in-Chief who has rejected the representation of the petitioners and has not considered the order passed in another Writ Petition.

The bench of Justice Dr Anshuman observed, “Grant of permission considering the working experience automatically covers the relaxation of age because the petitioners who were working prior to a change of the educational qualification definitely have lesser qualifications but direction was made to consider their work experience, shall automatically mean that the Court has relaxed his education qualification.”

Advocate Ramakant Sharma appeared for the Appellant and SC Alok Kumar appeared for the Respondent.

Brief Facts-

The petitioners Ram Pukar Singh & others were daily wagers for over 27-32 years, and have been discharging their duties since 1986 in various Public Works Department divisions. Despite previous Court directives for regularisation, the State failed to act, leading to repeated legal actions by the petitioners. An advertisement in 2013 for regularisation was later cancelled due to the lack of age relaxation provision, prompting the current petition.

After going through the pleadings and perusing the documents the Court noted that in the impugned order itself, it has been acknowledged by the respondent Engineer-in-Chief that the relaxation of age and experience of work has been directed to be considered, but there is no specific direction with regard to relaxation of age and qualification has been made.

While noting that the age, and qualification for appointment have changed from time to time the Court observed, “when this Court has expressed his view that consideration of work experience has to be considered meaning thereby the relaxation of education qualification for those persons having experience of working has also been relaxed.”

The Court perused the rules of 2023 for an appointment and has also gone through the saving clause and said, “it transpires to this Court that the judicial orders have been saved by Rule 13.”

Accordingly, the Court found that the order impugned is defective and therefore, set aside the order.

Finally, the Court directed the respondent Engineer-in-Chief, Rural Works Department, Government of Bihar, to pass an order afresh with regard to the petitioners within 90 days.

Cause Title: Ram Pukar Singh v. State of Bihar 

Appearance:

Appellant: Sr. Advocate Mr.Rajesh Kumar and Adv. Ramakant Sharma

Respondent: SC Kumar Alok and AC Satyeshwar Prasad

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