Niranjan Kumar Singh, v. The State Of Bihar Through The Home Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4561 of 2021 ====================================================== Niranjan Kumar Singh, Son of Sri Anand Kishore Singh, Resident of VillageRanabigha, P.S.-Barh, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Home Secretary, Bihar Government, Patna. 2.

The District Magistrate, Patna.

3.

The Circle Officer, Barh, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Pd. Singh For the Respondent/s :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:- "1. That the present writ petition is in the nature of mandamus and other writ(s) for direction(s)/order(s)/command(s) to the Respondents:

(i) To absorb the petitioner on the post of regular Jeep Driver in the Departments of Bihar Govt.

(ii) To publish the advertisement to select the vehicle driver in the Departments of Bihar Govt. in which petitioner may be selected on priority basis condoning his age and education.

(iii) To award the cost against the authority concerned who is taking services by the petitioner from April 2005 on daily wage to till

Patna High Court CWJC No.4561 of 2021 dt.01-02-2022 2/2 now.

(iv) To give this petitioner equal pay for equal work from April 2005 to till now. (v) To give litigation cost to the petitioner because the respondents has compelled this petitioner to file the present writ petition. (vi) To give other(s) relief(s) to the petitioner for which the petitioner is entitled for?"

3. Petitioner has not submitted any representation demanding that he is entitled to be absorbed nor he has pointed out that he has a vested right.

4. In the light of Apex Court's decision in the case of Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R. 1977 SC 276, the instant petition stands dismissed reserving liberty to the petitioner to submit representation for his absorption to the post of regular Jeep Driver to the competent authority. The competent authority is hereby directed to decide such representation to be submitted by the petitioner within three months from the date of receipt of representation.

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