STATE OF BIHAR Vs. PAWAN KUMAR SINGH

JUDGEMENT

(1.) Heard learned Counsel for the appellants and the respondent. I.A. No. 2059 of 2013 has been filed for condoning the delay of approximately 131 days in filing of the appeal. I.A. No. 2060 of 2013 for stay of the operation of the judgment under appeal.

(2.) We have heard Counsel for the parties and are satisfied to condone the delay. Since we are taking up the appeal for final orders no separate order need be passed on the stay application.

(3.) The present appeal arises out of order dated 26.9.2012 passed in MJC No. 930 of 2012 disposing it with certain directions. The respondent had originally filed CWJC No. 8883 of 1996 disposed on 21.11.2008. The relief sought had been for regularisation on the pleas that he had worked on daily wage from 8.2.1989 to 5.5.2001. The sheet anchor of the claim was an agreement stated to have been reached between the State Government and the Drivers in the district of Madhubani with regard to those who possess requisite qualification and had worked for 240 days. Eleven are said to have been regularised. The respondent challenged the decision dated 23.6.2011 declining regularisation to him. The Court remanded the matter to the Collector, Madhubani for determining vacancy in the year 1996 and to consider regularisation if vacancy in the general category were available when other similarly situated are stated to have been regularised. In the contempt application arising out of the alleged non-compliance, directions were given to consider for regularisation as per seniority and not category of vacancy.