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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1519 of 2022 ====================================================== Sanjay Kumar Yadav @ Sanjay Kumar S/o Sri Mahendra Yadav Resident of Village- Kathor Tola, P.O.- Banglwa, P.S.- Dharhara, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar Through its Principal Secretary to Govt., Water Resources Department, Sinchai Bhawan, Old Secretariate Campus, Patna. 2.

The Deputy Secretary to Govt., Water Resources Department, Sinchai Bhawan, Old Secretariate Campus, Patna.

3.

The Director, Land Acquisition and Rehabiliation Sinchai Bhawan, Patna. 4.

The Chief Engineer, Water Resources Department, Bhagalpur. 5.

The Superintending Engineer, Sinchai Circle, Bhagalpur. 6.

The Executive Engineer, Ganga Pump Canal Division, Camp, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand, Advocate For the Respondent/s :

Mr.Anjani Kumar (AAG4) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-01-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The prayer of the petitioner is as under :- "By this writ application, the petitioner has challenged the legality and validity of the order contained in Memo No. 435 dated 24.03.2017 passed by the Chief Engineer, Sinchai Srijan, Water Resources Department, Bhagalpur whereby and whereunder he has taken the extreme step of the dispensing with the service of the petitioner and rejected the claim for appointment of displaced person, who was legally and validly appointed pursuant to the policy decision of the State Government dated 15.04.1988 to give benefit and advantages in govt. service against Class III and IV post of one family member, whose land has been acquired by the State government and person displaced from the said

Patna High Court CWJC No.1519 of 2022(5) dt.27-01-2026 2/3 land. Accordingly the petitioner prays for issuance of an appropriate writ for quashing the order of rejection dated 24.03.2017 on the ground of illegal, arbitrary and discriminatory act done with the petitioner, when by the order of the same authority i.e. the Chief Engineer, Water Resources Department, Bhagalpur, by its letter dated 31.08.1992 earlier appointed to the petitioner on the ground of displaced person."

2. Learned counsel for the petitioner submits that the petitioner had earlier approached this Hon'ble Court in CWJC No. 13251 of 2013, wherein, vide order dated 02.12.2016, the Chief Engineer, Water Resources Department was directed to consider the case of the petitioner with regard to his rehabilitation. Learned counsel for the petitioner further submits that the petitioner has again approached this Court seeking a direction for setting aside the order passed by the Chief Engineer, Water Resources Department, as contained in Annexure-12 to the writ petition, being Memo No. 435 dated 24.03.2017, and has also prayed for payment of his salary, as he is admittedly working as a daily-wage worker and has never been removed from service.

3. If that be so, the petitioner shall be at liberty to move before the Labour Court, Munger, for redressal of his grievances, i.e., payment of his daily wages and arrears thereof. In case such application is filed within a period of 60 days from today, the Labour Court, Munger shall entertain the same and

Patna High Court CWJC No.1519 of 2022(5) dt.27-01-2026 3/3 decide it on merits after hearing all concerned. Both documentary and oral evidence shall be taken into consideration, and the matter shall be decided within a fixed time frame.

4. With the aforesaid observations and directions, the writ petition stands disposed of (Dr. Anshuman, J) Ashwini/- U