CAV JUDGMENT

Date : 08-05-2023 Petitioners have invoked the extra writ jurisdiction of this Court seeking quashing of the order passed by the Collector, West Champaran at Bettiah vide Memo No. 466/ Nazarat dated 18.08.2018 (Annexure ‘19’ to the writ application) whereby and whereunder he has rejected the claim of the petitioners for grant of age relaxation and appointment on the post of Class IV employee under the advertisement published in the year 2011.

2. The petitioners have also prayed for a direction particularly to the respondent no. 3 to appoint the petitioners against the sanctioned and vacant post of Class IV employees in the district of West Champaran at Bettiah and it’s attached offices. Prayer is to treat the petitioners without discrimination and to act upon the direction/guidelines communicated to respondent no. 3 vide letter no. 12678 dated 11.09.2014 (Annexure ‘14’ to the writ application).

Brief Facts of the Case

3. It is the case of the petitioners that they were engaged as peon/driver on daily-wages basis in the Collectorate of West Chamapran at Bettiah and it’s attached offices in the year 1983. In compliance of the direction of the Government vide Letter No. 3955 dated 10.04.1990, a panel was prepared at the district level on the basis of 240 working days and the name of the petitioner no. 1 figured at serial no. 365 in the panel of 1991-92. It is stated that since the copy of the panel is illegible, therefore, the name of the petitioner no. 2 could not be searched.

4. It is stated that thereafter no panel was prepared at the district level and the empanelled daily-wagers were directed to perform various works from time to time. Reliance has been placed to Annexure ‘1 Series’ to show that the petitioner no. 1 was given an experience certificate under the signature of the Executive Officer, Nagar Parishad, Bettiah showing the number of days he had worked during the year 1983 to the year 1987 and according to this Annexure ‘1’, the petitioner no. 1 had worked for 1,500 days. Petitioner no. 2 was given a certificate that he had worked as a Jeep Driver on daily wages from 03.05.1988 in the National Rural Employment Section, West Champaran, Bettiah. It is the further case of the petitioners that in the year 1987, an exercise of absorption and regularization on Class IV post was taken up and vide Resolution dated 25.04.1997 (Annexure ‘3’ to the writ application), it was directed by the Government that the process for preparation of panel will be carried on keeping in mind the conditions mentioned in Annexure ‘3’ which includes the educational qualification of minimum 8th pass but below intermediate. It is stated that with the passage of time, the Government came with a Resolution vide Memo No. 639 dated 16.03.2006 whereunder it was resolved to take steps for absorption/regularization of the daily-wage earners. It was decided that those who have completed more than 240 working days shall be given preferences. Clause ‘3’ of the said Resolution provides that the benefit of relaxation of age ought to be given to the daily wage earners to cover up their selection/absorption/regularization.

This resolution of the Government is said to have generated hopes in the petitioners of getting regular employment.

5. It is stated that vide an advertisement published in daily newspaper ‘Hindustan’ on 29.01.2011, the District Magistrate invited applications from the people of the district to empanel them for the appointment of the Class IV employees. The said notice categorically mentions that the daily wagers are to be given weightage in accordance with law. Annexure ‘6’ is the copy of the advertisement. Later on, vide Letter No. 7365 dated 29.06.2011, guidelines/directions for selection of Class IV employees have been circulated.

6. The petitioners claimed that they had applied for employment by furnishing all the requisites and thereafter their names appeared in the panel published on 22.10.2011 at Serial Nos. 64 and 135 respective