Pramod Kumar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2244 of 2019 ====================================================== Pramod Kumar Yadav, son of Maheshwari Prasad Yadav Resident of Village Dumma, Ward No. 08 Pachgachhia Saharsa, Bihar ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna

2. The Principal Secretary, General Administration Deparment Bihar Old secretariat Building, Patna

3. The Divisional Commmissioner Koshi Division Saharsa

4. The District Magistrate Saharsa

5. The District Collector, Establishment Collectorate Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar For the Respondent/s :

Mr. Md.Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 13-02-2019 Heard learned counsel for the petitioner and the State.

2. The petitioner is aggrieved by the action of the respondent in not regularizing him on the 4th grade post in Saharsa Collectorate despite his having worked on the aforesaid post on temporary basis for several years.

3. It has been submitted on behalf of the petitioner that he worked as a candidate Peon in the Collectorate of Saharsa and the attached offices thereto. As a result of his having worked in the Collectorate, his name figured in the panel which was prepared in the year 1993-94. Later, his name found mention in other panels till about 2007.

Patna High Court CWJC No.2244 of 2019 dt.13-02-2019 2/3

4. Learned counsel for the petitioner has submitted that in accordance with a resolution of the Personnel and Administrative Department, which is now the General Administration Department, an advertisement was issued in the year 2006, inviting application for being considered for empanelment for appointment on the post of Peon. The petitioner applied against the aforesaid advertisement and his name was placed at serial no. 414. Despite the petitioner having all requisite qualification and he belonging to reserved category, he was not appointed.

5. Learned counsel for the petitioner has also brought on record the communication by respondent no. 4 that even today, large number of vacancies are available in Group - D post in the General Administration Department as also in the other attached offices of the Collectorate of Saharsa.

6. The petitioner has not been communicated any reason for his not being appointed even though his name fell in successive panels and ultimately in the panel which was prepared in the year 2007.

7. Under the aforesaid circumstances, this Court only directs the petitioner to make a representation before the District Magistrate, Saharsa, detailing his claim within a period of four weeks from today. On receipt of such

Patna High Court CWJC No.2244 of 2019 dt.13-02-2019 3/3 representation, the District Magistrate, Saharsa will pass a reasoned order within a period of four weeks thereafter.

8. With the aforesaid direction/observation, the writ petition is disposed off.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.02.2019 Transmission Date