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2004 Supreme(Pat) 780

NARAYAN ROY
Menhdi Mian – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. Heard counsel for the parties.

2. By this application, the petitioner prays for quashing of order, as contained in annexure 3 dated 4.1.2000, whereby and whereunder his claim for regularisation on the post of Dafadar has been rejected.

3. It is submitted by learned counsel for the petitioner that the petitioner was working as substitute Dafadar since 30th October, 1988 and after serving under the respondents for more than ten years now his claim for regularisation has been rejected.

4. A counter affidavit has been filed on behalf of the respondents, wherein it is stated that while considering the case of the petitioner for his regularisation on the post of Dafadar, he was medically examined to determine his age and the Civil Surgeon on 23.7.1999 determined the age of the petitioner as 50 years and the claim of the petitioner, thus, was considered by the Establishment Committee of the Chowkidar and Dafadar on 4.1.2000. It is also mentioned in the counter affidavit that the committee, however, resolved that since the petitioner is 50 years old, he is not eligible for the post of Dafadar as per the Rule of the State Government, and, accordingly, his claim was rejected. It h





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