Treating Employee As 'Fresh Appointee' After 42 Years Is Contrary To Constitutional Ethos: Patna High Court On Pay Cut Of Daily-Wage Worker
The Patna HC has held that treating a long-serving daily-wage employee as a “fresh appointee” at the fag end of his career, resulting in a reduction in his pay, requires reconsideration, particularly where similarly situated employees had been granted the benefit of earlier regularization.
A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by the petitioner, who had been working as a daily-wage employee under the Flood Control Circle, Samastipur since 1980.
The petitioner was initially engaged on 16.06.1980 against a sanctioned and vacant Class-III post of Typist. He claimed that several daily-wage employees who had joined after him were regularized between 1984 and 1988, while his case was not considered.
The petitioner had earlier approached the High Court. By order dated 15.07.1999, the Court directed payment of salary at the minimum of the applicable time scale for the period during which he had worked on the post. The writ petition was subsequently disposed of on 17.12.2003 with a direction to the authorities to consider his case for regularization.
When the authorities failed to act, the petitioner again approached the High Court. On 07.07.2011, the Court directed consideration of his case in light of the Supreme Court's judgment in State of Karnataka v. M.L. Kesari, (2010) 9 SCC 247.
Thereafter, the petitioner's services were regularized by order dated 05.12.2012. However, instead of granting him the benefit of his past service, the authorities treated the regularization as a fresh appointment to the post of Lower Division Clerk. The petitioner joined the post under protest on 06.12.2012. As a consequence, his basic pay was reduced by ₹2,110 per month. The petitioner further relied upon the fact that several employees junior to him had been granted notional regularization from 01.04.1988 for the purposes of retirement and pensionary benefits.
The Court noted that the petitioner had continuously worked since 1980 and had ultimately been regularized in 2012. It also noted that the authorities were required to examine his claim in light of the treatment extended to similarly situated employees. The Court observed:
“Furthermore, the approach of the respondent authorities in treating a long-serving employee as a 'fresh appointee' at the fag end of his career runs contrary to the constitutional ethos. In a recent and highly instructive decision, the Hon'ble Supreme Court of India in the case of Dharam Singh v. State of U.P. (Civil Appeal No. 8558 of 2018, decided on 19.08.2025), strongly deprecated such practices…”
The Court also considered the petitioner's claims regarding pay protection under Rule 78 of the Bihar Service Code and the counting of his past service for pensionary benefits under the Bihar Pension Rules, 1950.
The Court directed the competent authority to reconsider the petitioner's claim after examining the legal effect of the 05.12.2012 regularization order, his entitlement to parity with similarly situated employees, pay protection and the counting of his past service for pensionary benefits.
The authority was directed to pass a reasoned and speaking order within three months from the date of receipt or production of a copy of the order.
The writ petition was accordingly allowed to the aforesaid extent.
Appearance:
For the Petitioner/s: Mr. Abhay Shankar Singh, Advocate; Ms. Akshansh Shankar, Advocate; Mr. Barun Kr. Singh, Advocate
For the Respondent/s: Mr. Sudheshwar Bhushan, A.C. to G.P.-7