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Nand Kumar v. State of Bihar and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2835 of 2014)Decided 25 Feb 2014
Civil Appeal No. 2835 of 2014
Justice S.S. Nijjar · Justice Pinaki Chandra Ghose

Background

Daily wage workers of Bihar's agricultural marketing bodies sought permanent employment after the governing statute was repealed and the organisations were abolished. Some had worked for decades and received minimum pay scales and allowances. They argued that the repeal law's protection for officers and employees entitled them to absorption like regular staff.

Decision Breakdown

The Supreme Court dismissed their appeals and upheld the High Court's decision. Their long service and pay arrangements had not changed their status into appointments made through the regular recruitment process. The repeal provisions preserved existing status pending a government-approved scheme; they did not turn daily wage workers into permanent employees. A scheme offering alternative employment to regular staff therefore did not have to offer the same benefit to these workers, and the limited regularisation exception relied upon did not apply on the facts.

Lesson Learnt

Lengthy service on daily wages does not by itself create a right to a permanent government post. Workers seeking absorption must show that the recruitment rules or the applicable statutory scheme actually confer that entitlement.

Official source (sci.gov.in)View Judgment (PDF)

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