Patna High Court
The Bihar State Food And Civil ... vs Irfan Ahmad Khan on 12 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.401 of 2021
In
Civil Writ Jurisdiction Case No.147 of 2018
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1. The Bihar State Food and Civil Supply Corporation through its Chairman,
Sone Bhawan, Birchand Patel Path, Patna at present Khadya Bhawan, R
Block, Patna.
2. The Managing Director, The Bihar State Food and Civil Supply Corporation
through its Chairman, Sone Bhawan, Birchand Patel Path, Patna at present
Khadya Bhawan, R Block, Patna.
3. The Chief of Administration, The Bihar State Food and Civil Supply
Corporation through its Chairman, Sone Bhawan, Birchand Patel Path, Patna
at present Khadya Bhawan, R Block, Patna.
4. The District Manager, State Food Corporation Chapra, Saran.
... ... Appellant/s
Versus
Irfan Ahmad Khan Son of Shri Islam Khan, resident of Dahiyawan, P.S. Town
Chapra, District - Chapra.
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Shailendra Kumar Singh
For the Respondent/s : Mr.Raj Kumar Mishra
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 12-12-2022
Re.: I.A. No. 02 of 2022
Heard Interlocutory Application No. 02 of 2022 for
condonation of delay of 24 days in filing the present Letters
Patent Appeal.
For the reasons stated in the application and the
affidavit, delay of 24 days in filing the present Letters Patent
Appeal is condoned and I.A. No. 02 of 2022 stands allowed.
Re.: L.P.A. No. 401 of 2021
Heard learned counsel for the appellants on merits.
Patna High Court L.P.A No.401 of 2021 dt.12-12-2022
Respondent Irfan Ahmad Khan who is stated to
have been appointed on 10.11.1982 as a salesman on daily wage
basis. His services were regularized on 16.10.1989 in the pay
scale of Rs. 535-765 vide Annexure-9 to the writ application.
Thereafter, in the year 1996, appellants have rake up the issue
relating to initial appointment and regularization of respondent
Iftekhar Ahmed Khan was by incompetent authority and it has
resulted in termination and it was subject matter of litigation in
CWJC No. 8271 of 1996, order of termination was set aside on
18.05.1996, thereafter he had filed CWJC No. 8271 of 1996
which was also disposed. He had filed CWJC No. 5033 of 1998
challenging the order of termination dated 09.05.1998 it was
also set aside on 27.08.2014. Further department preferred LPA
No. 662 of 2015 and suffered an order dated 19.08.2016,
thereafter once again respondents services have been dispensed.
Feeling aggrieved by the decision of the appellants,
respondent filed CWJC No. 147 of 2018 and it was disposed on
30.04.2021 in favour of the respondent, hence the present appeal
by the Bihar State Food and Civil Supply Corporation and Ors.
Learned counsel for the appellants vehemently
contended that from the inception namely date of respondent
appointment of daily wage and regularization were passed by
Patna High Court L.P.A No.401 of 2021 dt.12-12-2022
the incompetent authority, therefore the appellant Corporation
terminated the service of the respondent.
The respondent served the appellant corporation
from 1982 to 16.10.1989 with a break as a daily wager. On
16.10.1989, his services were regularized and pay scale of Rs.
535-765 was granted, therefore he had a status of permanent
employee of the appellant Corporation with effect from
16.10.1989. Having regard to the permanency status in the
Corporation, if the Corporation intends to take any action
against the respondent they have to resort disciplinary
proceedings in terms of the relevant regulation. Moreover,
perusal of the records and the statement made on behalf of the
appellant Corporation is that respondent's services have been
availed by the Corporation and regularization has been ordered
by incompetent authority. In other words it is only a irregular
appointment and not illegal.
Apex Court in the case of Secy., State of Karnataka
and Others vs. Uma Devi reported in (2006) 4 SCC page 1 it is held
that regularized employees issue cannot be reopened once
regularization is already undertaken. Once the appellant
Corporation have extracted work from time to time from
10.11.1982 to 15.10.1989 on daily wage basis and his services
Patna High Court L.P.A No.401 of 2021 dt.12-12-2022
were regularized with effect form 16.10.1989 till order of
termination i.e. 18.05.1996. He has rendered sufficient number
of years of service. Further from time to time appellant
Corporation are committing one or the other error while passing
orders against the respondent and which were subject matter of
litigation before this Court in which the appellant Corporation
suffered orders. During the period from 1996 to 2018,
respondent had filed three writ petitions and appellant
Corporation have filed one LPA. This is fourth round litigation
on behalf of the respondent in writ application.
In the light of these facts and circumstances read
with the judicial pronouncements on the regularization of daily
wager cited supra the appellants have not made out a case so as
to interfere with the order of the learned Single Judge.
Accordingly appeal stands dismissed.
(P. B. Bajanthri, J)
( Purnendu Singh, J)
Niraj/Aditya
AFR/NAFR N.A.F.R.
CAV DATE N/A
Uploading Date 15.12.2022
Transmission Date N/A
