NANO KUMAR versus STATE OF BIHAR & ORS.

Citation: [2014] 3 S.C.R. 193 · Decided: 25-02-2014 · Supreme Court of India · Bench: S.S. NIJJAR · Disposal: Dismissed
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Judgment (excerpt)

[2014] 3 S.C.R. 193 
NANO KUMAR 
v. 
STATE OF BIHAR & ORS. 
(Civil Appeal No. 2835 of 2014) 
FEBRUARY 25, 2014 
[SURINDER. SINGH NIJJAR AND 
PINAKI CHANDRA GHOSE, JJ.] 
A 
B 
Service law: Regularisation - Daily wagers even if 
appointed for a long time are not entitled to be absorbed and C 
regularised. 
Bihar Agriculture Produce Market (Repeal) Act, 2006: s.6 
- 'all officers and employees' - Whether include daily wagers 
- Held: Daily wagers are not included within the meaning of 0 
· 'all officers and employees' as used in s. 6(i) of the Repeal 
Act - Daily wagers cannot be treated as permanent 
Government employees - s. 6(i) makes it clear that after the 
repeal of the Agriculture Produce Act, 1960, all officers and 
employees of the Board are to continue in employment and 
E 
they shall continue to be paid what they were getting earlier 
as salary and allowance till such time the State Government 
takes an official decision as per the further provisions of s. 6 -
The scheme of alternative appointment framed for regular 
employees of abolished organisation cannot, therefore, confer F 
a similar entitlement on the daily wagers of abolished 
organisation to such alternative employment. 
s.6(ii) - Power of the Committee of Secretaries - Held: Is 
to prepare a scheme of absorption as well as of retirement, 
compulsory retirement or voluntary retirement and other G 
service conditions of officers and employees of the Board -
The scheme prepared by the Committee of Secretaries is 
only in the nature of recommendation and the State has the 
power either to accept, modify or amend the same before 
193 
H 
194 
SUPREME COURT REPORTS 
[2014] 3 S.C.R. 
A granting its official approval. 
The questions which have arisen for consideration 
in the instant appeals were whether the appellants-daily 
wagers appointed for a long time were entitled to be 
8 absorbed and regularised and should not be relieved by 
virtue of Section 6 of the Bihar Agriculture Produce 
Market (Repeal) Act, 2006; and whether the daily wagers 
were included within the meaning of 'all officers and 
employees' as used in Section 6(i) of the Repeal Act. 
c 
Dismissing the appeals, the Court 
HELD: 1. The appellants were never appointed 
through a proper procedure. They all served as daily 
wagers. Therefore, it was within their knowledge all the 
o consequences of appointment being temporary, they 
cannot have even a right to invoke the theory of legitimate 
expectation for being confirmed in the post. Section 6 of 
the Bihar Agriculture Produce Market (Repeal) Act, 2006 
makes it clear that the employees of the Board and the 
E appellants cannot be said to be of the same status and 
cannot enjoy the benefit given under Section 6(i) of the 
Repeal Act, 2006. Therefore, the daily wagers would not 
come within the meaning of "all officers and employees" 
as specifically stated in Section 6 of the Repeal Act. [Para 
F 19] [208-C-F] 
State of Kamataka & Ors. v. M. L. Kesari & Ors. 2010 (9) 
SCC 247: 2010 (9) SCR 543 - held inapplicable. 
2. The status of the appellants was continuing to be 
G as daily wagers. They cannot be treated as permanent 
Government employees. They all worked as employees 
of the Board. No steps were followed by the Board to 
safeguard the service of these appellants. Section 6(i) 
makes it clear that after the repeal of the Agriculture 
H Produce Act, 1960, all officers and employees of the Board 
NANO KUMAR v. STATE OF BIHAR 
195 
are to continue in employment and they shall continue to 
A 
be paid what they were getting earlier as salary and 
allowance till such time the State Government takes an 
official decision as per the further provisions of Section 
B 
6. Such provision certainly allows continuance of the 
officers and employees of the Board to continue in 
employment in the same status. The status of the daily 
wage employees and regular employees of the Board is 
eminent from the said provision. It cannot be said that the 
daily wage employees can enjoy or acquire the same 
status as that of the regular employees. So far as the c 
power of the Committee of Secretaries constituted in 
terms of section 6(ii) of the Repeal Act is concerned, it is 
to prepare a scheme of absorption as well as of retirement, 
compulsory retirement or voluntary retirement and other 
service conditions of officers and employees of the Board. 
0 
The scheme which was prepared by the Committee of 
Secretaries is only in the nature of recommendation and
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