Patna High Court
Case Details
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8453 of 2011 ====================================================== 1. Mahendra Prasad son of Late Sukhdeo Saw, Resident Of Village & P.O- Charon, P.S- Mali, District-Aurangabad. 2. Rajendra Ram son of Late Chotan Ram, Resident of Village- Dayalpur, P.O & P.S- Chandi, District- Nalanda. 3. Raja Ram son of Late Jhuman Ram, Resident Of Village & P.O- Sarta, P.S- Trikol, District- Jehanabad. 4. Kailash Paswan son of Late Baijnath Paswan, Resident Of Village- Narharpur, P.O- Maur, Via- Barbigha, District- Shekhpura. 5. Gajendra Rai son of Late Yaduni Rai Presently Posted At Mechanical Division, Digha, Patna. 6. Yogendra Rai son of Late Sowarath Rai, Presently Posted At Mechanical Division, Digha, Patna. 7. Satya Deo Prasad Singh son of Dhanushdhari Singh, Resident Of Village- Tiuri, P.S- Manpur, District- Nalanda At Present Posted At Digha Division Karbighaia, Patna. 8. Ashutosh Paswan son of Chandra Paswan Resident Of Village & P.O- Baddumba, Via- Bounsi, District- Banka. 9. Devendra Soren, Resident of Village- Sikarhdih, P.O- Bounsi, District- Banka. 10. Chhote Hembram son of Balbo Hembram, Resident Of Village- Sikarhdih, P.O- Baunsi, District- Banka. Sl. No. 8 to 10 are osted at Mechanical Division Baunsi. 11. Parma Nand Singh son of Late Banka Bhagat, Resident Of Village & P.O- Tikra, P.S- Mairwan, District- Siwan, Presently Posted At Mechanical Division, Chapra. 12. Umesh Prasad Saw son of Prasadi Saw, Resident Of Village & P.O- Rani Diara, P.S-Pirpainti, District- Bhagalpur. 13. Hemant Kumar Jha son of Chandra Shekhar Jha, Resident Of Village & P.O- Dumaria, District- Godda, (Jharkhand)
Legal Reasoning
14. Jichhu Mandal son of Late Khajanchi Mandal, Resident Of Village- Sri Rampur , P.O-Champa Nagar, P.S- Nath Nagar, District- Bhagalpur. 15. Guru Dayal Sharma son of Late Saudagar Sharama, Resident Of Village & P.O- Bhuaway, District- Bhagalpur. 16. Shasikant Jaysawal son of Sri Dharmdeo Prasad Jayswal, Resident Of Village & P.O Chhoti Ranbahia, District- Dumka. 17. Indradeo Tanti son of Late Chaitu Tanti, Resident Of Village & P.O. Mahesh Munda, P.S- Kahalgawn, District- Bhagalpur. 18. Md.Alim son of Md.Shahbub, Resident Of Village & P.O- Deohara, P.S- Goh, District- Aurangabad. 19. Ramdeo Mandal son of Late Moti Mandal, Resident Of Village- Saidpura (Kulkuria), P.O & P.S- Kahalgaon, District- Bhagalpur. 20. Mohli Mandal son of Late Kunai Mandal, Resident Of Village- Saidpura (Kulkuria), P.O & P.S- Kahalgaon, District- Bhagalpur. 21. Rajendra Prasaid Rai son of Late Babulal Rai, Resident Of Village & P.O- Sabour, P.S- Sabour, District- Bhagalpur., 22. Arun Mandal son of Etwari Mandal, Resident Of Village- Saidpura (Kulkuria), P.O & P.S- Kahalgaon, District- Bhagalpur. 23. Izharul Haque son of Late Samsuddin, Resident Of Village- Soneya, P.S- Singhari, P.S- Kochdhaman, District- Kishunganj. Patna High Court CWJC No.8453 of 2011 (3) dt.18-03-2013 2 24. Shiv Narayan Jha son of Late Dweakant Jha, Resident Of Village- Pasia, P.O- Shangrampur, P.S- Belhar, District- Banka. 25. Ashok Kumar Bhattacharjee son of Late Ramani Mohan Bhattarcharjee Resident Of Village & P.O- Dehri On Sone, District- Rohtas. 26. Shital Prasad son of Late Ram Khelawan Yadav, Resident Of Village & P.O- Tartar, P.S- Goshwari, District- Patna. 27. Anant Kishun Sahay son of Late Krishana Chandra Sahay, Resident Of Village- Moholda, P.S- Bhagwan Road, Mithapur, Patna, P.O-G.P.O., P.S- Jakkanpur, District-Patna., Working At Mechanical Division, Digha, Patna. 28. Chandra Bhushan Singh son of Late Damodar Prasad Singh, Resident Of Village- Mathura, P.S- Bidupur, P.O-Mathura, District- Vaishali, Working At Mechanical Division, Digha, Patna. Versus .... .... Petitioners 1. The State Of Bihar through the Principal Secretary, Water Resources Department, Bihar, Patna. 2. The Deputy Secretary, Water Resources Department, Bihar, Patna. 3. The Chief Engineer (Mechanical), Water Resources Department, Patna. 4. The Executive Engineer, Mechanical Division, Digha, Patna. 5. The Executive Engineer, Mechanical Division, Chapra(Saran) 6. The Executive Engineer, Mechanical Division, Bounsi, Banka. 7. The Executive Engineer, Mechanical Division, Bhagalpur.
Decision
.... .... Respondents ====================================================== For the Petitioner/s : Mr. Raghib Ahshan, Sr. Advocate with M/s Manoj Kumar and Raj Narayan Mishra, Advocates. For the Respondent/s : Mr. V.M.K Sinha Aag13 ====================================================== P R E S E N T : HONOURABLE MR. JUSTICE S.N. HUSSAIN ORDER 3 18-03-2013 Heard learned counsel for the petitioners and learned counsel for the respondents. 2. This writ petition has been filed by the petitioners for the following reliefs:- (i) For issuance of order/orders, direction/directions to the Authority concerned to regularize the services of the petitioners on their respective post because they are discharging their duties since long and they are in Work Charge Establishment since 02.01.1991 vide Memo No.21 which has Patna High Court CWJC No.8453 of 2011 (3) dt.18-03-2013 3 been issued under the signature of the Chief Engineer, Mechanical, Patna and letter had also been sent to the Under Secretary, Irrigation Department, Patna. The case of the petitioners are under the fact of the order passed by the Hon’ble Supreme Court in case of Secretary, The State of Karnataka vs. Uma Devi as per paragraph no.53 of the said case which has been reported in 2006 (4) S.C.C. -1 and thereafter the said order has been modified in the case of State of Karnataka & others Vs. Mohamad M.L. Kesri & Ors. which is reported in 2010 (9) S.C.C. 247. In such circumstances this court may give direction to the authority concern to consider the case of the petitioners for regularization of the services of the petitioners on their post in the light of the above judgment law laid down by the Hon’ble Supreme Court. 3. The facts and circumstances of this case as well as the principles of law applicable thereto in this writ petition are similar to those applicable in CWJC No.3441 of 2008 in which the order has been passed today itself. Hence this case is also decided in terms of the order passed in the aforesaid case, which reads as follows:- “8. In the said circumstances, this writ petition is allowed with a liberty to the petitioners to file a fresh representation along with a copy of earlier representation and a copy of this order before the said Chief Engineer (Mechanical) within one month from today, whereafter the said authority shall the consider petitioners for their absorptions in the permanent establishment keeping in view the aforesaid judgment of a bench of this court in case of Tulsi Prasad Singh (supra) as well as the office order of the said Chief Engineer (Mechanical) dated 09.08.2011 and order of this court dated 14.09.2011 passed in M.J.C. the claim and representation of Patna High Court CWJC No.8453 of 2011 (3) dt.18-03-2013 4 in accordance with No.2900 of 2006 law, expeditiously and take final decision in the matter of within production/communication of a copy of this order.” three months from date the Harish/- (S.N. Hussain, J)