Patna High CourtCWJC/8797/2017dismissed

Chandra Shekhar Pathak v. The State Of Bihar And ORS

2018-04-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8797 of 2017 ====================================================== Chandra Shekhar Pathak Son of late Digamber Pathak Resident of VillageLalganj, P.O. Bara, P.S. Bihra, Distt- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Govt. of Bihar, Patna

2. The Principal Secretary Department of Public Health Engineering Govt. of Bihar, Patna.

3. The Principal Secretary, General Administration Department Govt. of Bihar, Patna.

4. The Principal Secretary, Finance Department , Govt. of Bihar, Patna.

5. The Engineer-in-Chief-Cum-Special Secretary, Department of Public Health Engineering Govt. of Bihar, Patna.

6. The Chief Engineer, Department of Public Health Engineering, Bihar, Patna.

7. The Superintending Engineer, Public Health Engineering Saharsa Circle, Saharsa.

8. The Executive Engineer, Public Health Engineering Division, Saharsa. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Pandey For the Respondent/s : Mr. Sanjay Kr. Giri, GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2018 The present writ petition has been filed for issuance of direction to the respondents to regularize the services of the petitioner in compliance of the policy of the Government of Bihar dated 16.03.2006.

The short facts of the case are that the petitioner herein was working on daily wage basis until his disengagement on 14.2.1992 whereafter the petitioner had challenged the said order dated 14.02.1992 before this Court in CWJC No. 4919 of 1992.

Patna High Court CWJC No.8797 of 2017 (2) dt.17-04-2018 2/2 However, on account of the fact that opportunity of hearing was not given to the petitioner herein before passing the said order of termination, this Court had quashed the order and had granted liberty to the authorities to pass a fresh order. Thereafter the authorities had passed a fresh order dated 17.03.1998, after giving proper opportunity and the services of the petitioner herein stood terminated. The said order dated 17.3.1998 was challenged before this Court in CWJC No. 2929 of 1998 and the Hon'ble Division Bench of this Court dismissed the said writ petition upholding the order of termination dated 17.3.1998. Admittedly, the petitioner has not worked thereafter.

In view of what has been sated hereinabove, it is apparent that the case of the petitioner has already attainted finality, hence no relief can be granted to the petitioner in the present writ petition, which in fact is an abuse of the process of the Court.

The writ petition is dismissed.

(Mohit Kumar Shah, J) S.Sb/- U