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2014 Supreme(SC) 151

S.S.NIJJAR, PINAKI CHANDRA GHOSE
Nand Kumar – Appellant
Versus
State of Bihar – Respondent


JUDGMENT

Pinaki Chandra Ghose, J. –

1. Leave granted.

2. Six writ petitions were filed before the High Court of Patna which were taken up and disposed of by the High Court by a common order dated December 9, 2009. The High Court rejected the prayer made by the writ petitioners for absorption/regularisation in their posts.

3. The facts of the case, briefly, are as follows:

1. The appellants were appointed on daily wages. It is not in dispute that some of the appellants had also worked as daily wagers for a long period. It is also not in dispute that the services of said daily wagers varied from period to period. Nand Kumar, appellant, was appointed as an Accounts Clerk on daily wage basis on September 18, 1982. Similarly, others (appellants in civil appeals arising out of SLP [C] Nos.8865- 66/2010, 10876/2010, 20833-20835/2010 and 30317/2010) were also appointed, from time to time, and served as daily wagers. It is not in dispute that some of the appellants received monthly salary in the minimum pay scale with usual allowances.

2. In 2006, the State Legislature passed the Bihar Agriculture Produce Market (Repeal) Act, 2006 (hereinafter referred to as the Repeal Act, 2006) with effect from



































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