MANU YADAV S/O LATE DHANI YADAV Vs. STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPTT. OF BUILDING CONSTRUCTION AND HOUSING, GOVT.OF BIHAR, PATNA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel for the Bihar State Housing Board (hereinafter referred to as the Board).

(2.) Petitioner who earlier served the Board as chaukidar on daily wage has filed this writ application assailing the reasoned order dated 13.11.2008, passed by the Chairman-cum-Managing Director of the Board, Annexure-13, whereunder his representation filed against the order dated 6.1.2001, Annexure-6 regularizing the services of 13 daily wage chaukidar was rejected ignoring the seniority claim of the petitioner as according to the petitioner, item nos. 3 to 11 of the order dated 6.1.2001 were below him in the seniority list of the daily wage chaukidar maintained by the Board but they have been regularized in the service of the Board in appreciation of their status as member of extremely backward class and petitioner has been ignored as he belongs to backward class. Counsel for the petitioner submitted that exercise to regularize the service of the daily wage chaukidar in the Board was taken pursuant to the orders of the Hon'ble Supreme Court dated 13.2.1991, Annexure-4 and in compliance thereto eartier 192 daily wage earners were regularized without applying any reservation policy, which fact is admitted in paragraph-16 of the counter affidavit but while considering the case of the petitioner the reservation policy applicable on the date of the order i.e. 6.1.2001, Annexure-6 was applied to the case of the petitioner and others and thereby petitioner's better claim of seniority was ignored and service of item nos. 3 to 11 was regularized on the ground that they belong to extremely backward class. Such action of the authorities of the Board is violative of the clear directions of the Hon'ble Supreme Court and this Court contained in order dated 29.8.1997 passed in C.W.J.C. No. 3630 of 1992, Annexure-5, operative portion whereof is quoted hereinbelow for ready reference:

(3.) Counsel submitted that the judgment of the Single Judge dated 29.8.1997, Annexure-5 was also considered by the Division Bench of this Court under orders dated 28.3.2001 passed in M.J.C. No. 3937 of 2000 and analogous matters and the directions aforesaid were approved but ignoring such observation of the Hon'ble Court the authorities applied the reservation policy which was in vogue on 6.1.2001 the date of the order, Annexure-6 only to accommodate the candidates of the extremely backward class.