Hare Krishna Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16948 of 2018 ====================================================== 1.

Hare Krishna Singh, son of Late Jai Mangal Singh, Resident of VillageKab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna. 2.

Raghvendra Kumar Sharma, Son of Jay Narayan Sharma, Resident of Village- Kab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna. 3.

Kundan Kumar, Son of Ambika Singh, Resident of Village- Kab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna. 4.

Abhishek Kumar, Son of Satyadeo Singh, Resident of Village- Kab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna. 5.

Niraj Kumar, Son of Satyadeo Singh, Resident of Village- Kab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna.

6.

Ravi Ranjan Kumar, Son of Saroja Sharma, Resident of Village- Kab, P.O.- Dulhin Bazar, P.S.- Rani Talab, District- Patna. 7.

Kameshwar Prasad, Son of Yadunandan Prasad, Resident of VillageReganiyadih, P.O.- Jorkha, P.S.- Sigodih, District- Patna. 8.

Shiv Bachan Singh, Son of Rajballabh Singh, Resident of Village- Alipur, P.O.- Nagala Kinjar, P.S.- Sigodih, District- Patna. 9.

Sonu Kumar Thakur, Son of Rameshwar Thakur, Resident of VillageBelkhora, P.O.- Belkhora, P.S.- Karpi, District- Arwal, Presently residing at Village- Nagma Puraniya, P.O.- Puraniya, P.S.- Kinjar, District- Patna. 10.

Gajendra Singh, Son of Late Avantu Singh, Resident of Village- Chandhos Mathiya, P.O.- Chiksi, P.S.- Sigodih, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Animal Husbandry, Govt. of Bihar, Patna.

2.

The Director, Department of Animal Hubandry, Government of Bihar, Patna. 3.

The District Magistrate, Patna.

4.

The District Animal Husbandry Officer, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv For the Respondent/s :

Mr. Rishi Raj Sinha -SC-19 Mr. Akhilesh Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 28-02-2019 The petitioners have approached this Court for a

Patna High Court CWJC No.16948 of 2018 dt.28-02-2019 2/3 direction to the authorities concerned to regularize their services on the post of Vaccinators, a Class-IV post, as they have been rendering services regularly for a very long time and many others, who have approached this Court, have actually been regularized.

2. It is quite late in the day to remind oneself that appointment/regularization to a post is not dependent upon the length of service rendered by a particular employee. The regularization in service is strictly dependent on the appointment being made through a regular process and the services rendered against a vacant sanctioned post.

3. In any view of the matter, as a one time measure, Courts have been allowing the petitioners to represent before the concerned authorities for consideration of their past services rendered by them, but with a caveat that their prayer for being regularized in service is to be considered only if there are vacant sanctioned posts and their cases have not been earlier taken-up for consideration.

4. In the same series for such cases, this Court only directs the petitioners to make a representation before the

Patna High Court CWJC No.16948 of 2018 dt.28-02-2019 3/3 Director, Department of Animal Husbandry, Govt. of Bihar, Patna(respondent No. 2), detailing their grievances and the claims to be appointed on the regular post, within a period of four weeks from today. On receipt of such representation, the same shall be disposed off by the concerned authority (respondent No. 2) within a further period of six weeks thereafter, preferably by a reasoned order.

5. With the aforesaid observation and direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06/03/2019