Subodh Kumar Yadav @ Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4558 of 2021 ====================================================== Subodh Kumar Yadav @ Subodh Yadav S/o Late Gulab Yadav R/o- VillageSakari Kanhauli, P.S.- Manigachchi, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Govt. of Bihar, Patna. 2.

The Health Commissioner-Cum- Secretary Dept. of Health Education and Family Welfare, Govt. of Bihar, Vikash Bhawan, Patna. 3.

The Chief Secretary Dept. of Health Education and Family Welfare, Govt. of Bihar, Vikash Bhawan, Patna.

4.

The State Programme Officer-Cum- Secretary District Blindness Control Society, Govt. of Bihar, Vikash Bhawan, Patna. 5.

The District Magistrate- Cum- President District Blindness Control Society Purnea.

6.

The Civil Surgeon-Cum- Chief Medical Officer- Cum- Vice President District Blindness Control Society, Purnea.

7.

The Additional Chief Medical Officer- Cum- Member Secretary District Health Society (Blindness), Purnea.

8.

The District Programme Manager District Blindness Society, Purnea. 9.

The Superintendent Sadar Hospital, Purnea.

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

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Respondent/s :

Mr.Binod Kumar Yadav (Sc18) ====================================================== 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 through this writ petition the petitioner abovenamed humble craves indulgence of this Hon'ble Court and prays for following relief/reliefs:-

Patna High Court CWJC No.4558 of 2021 dt.01-02-2022 2/3 I. For issuance of appropriate writ/writs commanding and directing the Respondents Authorities, to regularize the petitioner on post of Counseller (As IVth Grade Employment) in District Blindness Control Society, Purnea within the State of Bihar, who is working on the aforesaid post since 27.09.2001 on a more than a year and continued as IVth grade employee against regular vacant post since long and liable to be considered for regularization in accordance of law in view of long period service, in the interest of justice.

II. For further commanding and directing the respondent Authorities to Regular the petitioner as on IVth Grade Employment (Peon) with proper pay scale of at least IVth Grade Employee, so that petitioner can lead dignified life, without any exploitation.

III. For further commanding and directing the respondent authorities to allow the petitioner to discharge his duty as a counseller in District Blindness Control Society, Purnea smoothly without any hindrance, till his date of superannuation.

IV. For further commanding and directing the respondent authorities to not disturb the functioning of petitioner on post of counseller in District Blindness Control Society without any cogent rhyme and reason.

V. For further any other relief/reliefs may be granted to petitioner for which this petitioner is found entitled by this Hon'ble Court in light of the present facts and circumstances of the case."

3. Short question for consideration in the present petition is whether petitioner is entitled to regularization against

Patna High Court CWJC No.4558 of 2021 dt.01-02-2022 3/3 Class IV post in District Blindness Control Society, Purnea or not? In this regard petitioner has submitted representation on 12.10.2015 (Annexure-6).

4. Therefore, the concerned respondent is hereby directed to examine the petitioner's claim and pass speaking order as to whether petitioner is entitled to regularization/ absorption against one of the Class IV post or not in the light of Apex Court decision in the case of Secy., State of Karnataka V. Uma Devi reported in (2006)4 SCC page 1 passed in CWJC No. 16 of 2021 read with full bench decision of this Court in the case of Ram Sevak Yadav & Another Vs. The State of Bihar & Others reported in 2013(1) PLJR 964 passed in CWJC No. 267 & 472 of 2010 within a period of three months from the date of receipt of this order.

5. With the above observations, the instant petition stands disposed of.

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