✦ High Court of India · 09 Oct 2012

Rang Bahadur Road, P.S. Kotwali, Town & District Gaya. vs Department, Nirman Bhawan, Bailey Road, Patna.

Case Details High Court of India · 09 Oct 2012
Court
High Court of India
Decided
09 Oct 2012
Bench
Not available
Length
1,437 words

9. Narendra Kumar, son of Shri Bal Govind Prasad, resident of village Banchhili, P.S. Ghoshi, District Jehanabad.

10. Ram Bahadur Thapa, son of Shri Prem Singh, resident of Mohalla Rampur, P.S. Rampur, District Gaya.

11. Sudhir Kumar, son of Shri Bhagwan Paswan, resident of Mohalla Gebal Bigaha, P.S. Rampur, District Gaya.

12. Kamlesh Kumar, son of Shri Mathura Prasad, resident of village Rauna, P.S. Belaganj, District Gaya.

13. Mithilesh Yadav, son of Shri Jaggu Yadav, resident of village Goga, P.S. Mufassil, District Gaya.

14. Gauri Shankar Yadav, son of Shri Badri Narayan Yadav, resident of Chhotaki Delha, P.S. Delaha, District Gaya.

15. Lalan Prasad, son of Shri Malji Yadav, resident of Chhotaki Delha, P.S. Delha, District Gaya.

16. Shankar Yadav, son of Budhu Ram Yadav, resident of Mohalla Chiraiyatand, P.S. Rampur, District Gaya.

17. Ram Sandesh Sharma, son of Shri Jageshwar Sharma, resident of village Senari, P.O. Khataugi, P.S. Karpi, District Jehanabad.

18. Ramji Prasad Yadav, son of Shri Rambriksh Yadav, Mohalla Chhotaki Delha, P.S. Delaha, District Gaya.

19. Ashok Kumar, son of Shri Ram Prasad Mahto, resident of village Harnarayanpur, P.S. Nardiganj, District Nawada.

20. Yogeshwar Ram, son of Shri Dhanraj Ram, resident of village Naghar, P.S. Bikram, District Patna.

21. Satyendra Prasad Sinha, son of Shri Rambriksha Lal, resident of village Munshi Bigaha, P.S. Barun, District Aurangabad.

22. Dinesh Ram, son of Shri Sudin Ram, resident of village Nabahi, P.O. Tiskhora, P.S. Naubatpur, District Patna.

23. Rajendra Prasad, son of Shri Lakhan Mahto, resident of village Meharpar, P.S. Biharsharif, District Nalanda.

24. Alendra Prasad Singh, son of Yugal Kishore Singh, resident of village Baheri, P.S. Gurua, District Gaya.

25. Shiv Mandir Rai, son of Shri Ram Dayal Rai, resident of village Patna High Court CWJC No.5950 of 1997 (03) dt.09-10-2012 - 2 - Singwa, P.S. Nokha, District Rohtas (Sasaram).

26. Manaki Yadav, son of Shri Jodhi Yadav, resident of village Gopalpur, P.S. Medical College, Gaya, District Gaya.

27. Kripal Prasad, son of Shri Tekchand Mahto, resident of village Rahui, P.S. Rahui, District Nalanda.

28. Satya Narayan Rajak, son of Suggi Rajak, Pathar Ki Masjid, P.S. Sultangaj, Town & District Patna.

29. Madhu Yadav, son of Shri Parmeshwar Prasad, resident of Mohalla- Chiraiyatand, P.S. Rampur, District Gaya.

30. Gorakh Kumar, son of Bhutani Ram, resident of village Turk Tolpa, P.S. Karpi, District Jehanabad.

31. Akhilesh Ram, son of Shri Ram Pravesh Ram, resident of village Budh Paraiya, P.S. Paraiya, District Gaya.

32. Baijnath Prasad, son of Shri Lildhari Yadav, resident of village Lalganj, P.S. Chandauti, District Gaya.

33. Devnandan Prasad, son of Shri Baldev Prasad, resident of village Raja Bigaha, P.S. Tekari, District Gaya.

34. Surya Kumar Pandey Diwakar, son of Shri Ram Nandan Pandey, resident of village Amawan, P.S. Bodh-Gaya, District Gaya.

35. Md. Parbej, son of Late Md. Gaffar, resident of Mohalla Gaywal Bigaha, Koyali Pokhar, P.S. Rampur, District Gaya.

36. Prabhat Kumar Sinha, son of Late Madan Mohan Prasad, resident of village Jota, P.S. Atari, District Gaya.

37. Gopal Prasad, son of Ram Khelawan Ram, resident of village Kujapi, P.S. Chandawti, District Gaya.

38. Md. Kamruddin, son of Late Bairuddin, resident of village Lachchanpur, P.S. Kasawan, District Purnia.

39. Rabindra Mahto, son of Shri Dallu Mahto, resident of village Rahui, P.S. Rahui, District Nalanda.

40. Arun Kumar, son of Late Rameshwar Sharma, resident of village Pokhawan, P.S. Sakurabad, District Gaya.

41. Rambilas Yadav, son of Shri Mathura Yadav, resident of Mohalla Chotaki Delha, P.S. Delha, District Gaya.

42. Rajendra Thakur, son of Pragas Thakur, resident of village Chandokhar, P.S. Nabinagar, District Aurangabad.

43. Rabindra Prasad, son of Late Motilal, resident of Mohalla Telbigha, Rang Bahadur Road, P.S. Kotwali, Town & District Gaya. .... .... Petitioners. Versus 1. The State of Bihar, through the Secretary, Public Health Engineering Department, Nirman Bhawan, Bailey Road, Patna.

2. The Joint Secretary, Public Health Engineering Department, Nirman Bhawan, Bailey Road, Patna.

3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Nirman Bhawan, Bailey Road, Patna. 4. The Regional Chief Engineer, Public Health Engineering Department, Patna.

5. The Executive Engineer, Public Health Engineering Division, Gaya. 6. The Superintending Engineer, Public Health Engineering Cirlce, Gaya. ... .... Respondents. WITH Patna High Court CWJC No.5950 of 1997 (03) dt.09-10-2012 - 3 - Civil Writ Jurisdiction Case No.6122 of 1997 ====================================================== Mithiilesh Kumar, son of Sri Ram Anugrah Singh, resident of village- Panchpatia, P.O.-Deoria, P.S.-Awatarnagar, District-Sarna. .... .... Petitioner.

1. The State of Bihar through the Secretary, Public Health Engineering Versus Department, Nirvan Bhawan Campus, Baily Road, Patna.

2. The Joint Secretary, Public Health Engineering Department, Nirman Bhawan, Bailey Road, Patna.

3. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna.

4. The Regional Chief Engineer, Public Health Engineering Department, Muzaffarpur.

5. The Executive Engineer, Public Health Engineering Division, Chapra. 6. The Superintending Engineer, Public Health Engineering Cirlce, Chapra. WITH Civil Writ Jurisdiction Case No.6264 of 1997 ====================================================== Manoj Kumar Keshari, son of Sri Kedar Prasad Kehsari, resident of Mohalla New Chandpur Bela, P.S. Jakkanpur, District Patna. .... .... Respondents. Versus 1. The State of Bihar, through the Secretary, Public Health Engineering .... .... Petitioner. Department, Nirman Bhawan Campus, Bailey Road, Patna.

2. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna.

3. The Regional Chief Engineer, Public Health Engineering Department, Patna.

4. The Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna.

5. The Executive Engineer, Public Health Engineering Department, Patna Circle, Patna. .... .... Respondents. WITH Civil Writ Jurisdiction Case No.8467 of 1997 ====================================================== Dina Nath, son of Shri Shiv Prasad, resident of 4 Des Ratna Marg, Patna, P.O. G.P.O., District Patna. ... .... Petitioner. Versus

1. The State of Bihar. 2. Secretary, Public Health Engineering Department, Bihar, Patna. 3. Director of Public Health Engineering Department, Bihar, Patna. 4. Superintending Engineer of Public Health Engineering Department, Bihar, Patna.

5. Executive Engineer of Public Health Engineering Department, Public Health Division West, Patna. ... .... Respondents. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER Patna High Court CWJC No.5950 of 1997 (03) dt.09-10-2012 - 4 - 03 09-10-2012 By these writ petitions, the petitioners seek regularization of their services in Public Health Engineering Department, Government of Bihar. They claim that they were appointed on daily wages on various posts and had been sought to be terminated earlier which termination was set aside by this Court. Again notices for terminating them were issued which brought them to this Court. This Court granted status quo. Petitioners have averred that they were working all along. They have sought their regularization. It appears that similar action has been taken up by this Court in C.W.J.C. No.859 of 1997 (Kamlesh Nandan & others Vs. The State of Bihar & Ors. and other analogous cases) which has since been disposed of by a Bench of this Court by judgment and order dated

12.05.2011 where this Court has noticed that there are three categories of employees. The Court has further categorized the three and granted relief in each case in different terms. After hearing the learned counsel for the petitioners and the State, in my view, the facts in the case of present writ petitions is similar to those cases. In fact, these cases were awaiting the final decision in those batches of writ petitions. Accordingly, both learned counsel for the State and the petitioners states that these writ petitions may be disposed of in terms of judgment and order passed in the case of Kamlesh Nandan & others Vs. The State of Bihar & Ors. and other analogous cases, being C.W.J.C. No.859 of 1997, disposed of on 12.05.2011. In case, any of the petitioners have already been regularized then they shall not be disturbed in any manner. Accordingly, these writ petitions are disposed of. Trivedi/- (Navaniti Prasad Singh, J.)

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