DHANANJAY KUMAR TIWARY Vs. STATE OF BIHAR &ORS.

JUDGEMENT

(1.) HAVING considered the averments made in the application for condonation of delay in preferring the appeal and being satisfied with the reasons for delay in filing the appeal, we allow the application for condonation of delay in preferring the appeal.

(2.) THE present appeal is by one of the petitioners in CWJC No. 3761 of 2005. The appellant was appointed on 21 st August, 1986. as a daily wager. The Government decided that people who have joined prior to 1985 on daily wage basis, an effort would be made to ascertain whether they can be regularized or not. An effort was made to ascertain whether the daily wage appointment of the appellant can be regularized or not. Inasmuch as the appellant started working on daily wage basis on and from 21st August, 1986, i.e. after 1985, by the order dated 14th February, 2005, impugned in the writ petition, while it was decided that the daily wage enrf -ployment of the petitioner cannot be regularized, his services were also dispensed with. Subsequent thereto on 10th May, 2005, the Government extended the cutoff period of daily wage appointees from 1985 to 1993, whose appointments would be regularized. The writ petitioners including the appellant filed the said writ petition seeking a direction for reconsideration of their cases for regularization in the light of the Government decision, which came into effect on 10th May, 2005. The 10th May, 2005 decision is not a new decision. It is only a supplementary to an old decision. By reason of the decision of 10th May, 2005, only the cut -off date of daily wage employment to be considered for regularization has been extended from 1985 to 1993. Therefore, it cannot be said that a new decision has come aft 1e 8/r 4/2co 014 n cl P u asi geo 1n 89 of the proceedings in terms of the law prevalent earlier and as such the petitioners are not entitled to be reconsidered on the basis of the decision dated 10th May, 2005.

(3.) IN those circumstances we are of the view that the writ petition ought to have been allowed by requesting the Secretary, Department of Cabinet Secretariat and Co -ordination, Government of Bihar to reconsider his decision dated 14th February, 2005, which was impugned in the writ petition, in the light of the decision of the Government rendered on 10th May, 2005 and, accordingly, we allow the appeal and set aside the judgment and order under appeal and remand the matter to the said Secretary for reconsidering his decision dated 14th February, 2005 in the light of the decision of the Government dated 10th February, 2005.