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2017 Supreme(Pat) 301

AJAY KUMAR TRIPATHI, NILU AGRAWAL
State of Bihar – Appellant
Versus
Pawan Kumar Mishra – Respondent


Advocates Appeared:
For the Appellants : Mr. Subhash Chandra Mishra and Mr. Samir Kumar.

JUDGMENT :

Ajay Kumar Tripathi, J.

1. I.A. No. 7572 of 2013 which is for condonation of delay of 280 days is allowed in the larger interest of justice. Matter is taken up on the merits.

2. Heard counsel for the State.

3. The submission of the counsel that the impugned order dated 08.10.2012 is required to be interfered with because the cut off date for engaging daily wagers was fixed by the State as 21.10.1984 and, therefore, any engagement made by any authority thereafter will not entitle such a beneficiary to demand regularization is misplaced.

4. There is a basic fallacy in the submission of the counsel for the State for the reason that the State Government itself had decided to extend that cut off date twice over and the last extended date in this regard was 11.12.1990. Therefore, that cannot be a ground for setting aside the order of the learned single Judge giving a direction upon the respondents to regularize them since they have worked long enough in the work charged establishment and they are appointees of pre 11.12.1990.

5. No interference is warranted with the impugned order. Appeal is dismissed.

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