Bablu Kumar v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4722 of 2021 ====================================================== Bablu Kumar Son of Masudan Ram, Resident of Mohalla - Athmalgola Bazar, P.S. - Athmalgola, 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, Athmalgola, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Manish Kumar (GP 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following relief(s):- "(i) To regularize the service of this petitioner on the post of Govt. 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 giving relaxation of age and education.

(iii) To award the cost against the authority concerned who is taking services by the petitioner from 21.0.2011 on daily wage to till now.

(iv) To give this petitioner equal pay for equal work from 21.02.2011 to till now.

(v) To give litigation cost to the petitioner because the respondents has compelled this petitioner to file the present writ petition.

Patna High Court CWJC No.4722 of 2021 dt.01-02-2022 2/2 (vi) To give other(s) relief(s) to the petitioner for which the petitioner is entitled for."

For issuance of writ of mandamus there must be two ingredients namely legal and statutory right followed by demand before the competent authority. Perusal of the writ petition both the ingredients are not forthcoming, therefore, the present petition cannot be entertained in the light of Hon'ble Apex Court decision in the case of Mani Subrat Jain vs. State of Haryana reported in (1977) 1 SCC 486.

Accordingly, the present writ petition stands dismissed reserving liberty to the petitioners to approach the competent authority in submitting a detailed representation along with the judicial pronouncements, if any within a period of eight weeks from the date of receipt of this order. On receipt of petitioner's representation the competent authority is hereby directed to pass a speaking order and communicate to the petitioner within a reasonable period of time.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A