Harendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8226 of 2016 ====================================================== Harendra Singh Son of Late Kapildeo Singh resident of village - Nargada, Post Office Balua, Police Station Barhara, District - Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna. 2.

The Chief Engineer, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna 3.

The Superintending Engineer, Public Health Engineering Circle, Ara 4.

The Executive Engineer, Public Health Division, Ara, District Bhojpur at Ara ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh, Advocate For the State :

Mr.Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That by this writ application the petitioner craves indulgence of this Hon'ble High Court for issuance of an appropriate writ or writs, order or orders, direction or directions commanding the respondents to consider and absorb the Service of the petitioner by way of appointment in regular establishment, when the junior persons to the petitioner appointed after the petitioner namely Shri Nageshwar Singh and Shri Arun Ram having been taken into the regular establishment the such act and conduct of the respondent is wholly arbitrary, mala fide,

Patna High Court CWJC No.8226 of 2016(2) dt.13-10-2023 2/3 unreasonable and in violation of the principle of equity which is guaranteed under fundamental rights under Articles 14 and 16 of the Constitution of India and the respondents committed naked partisan and exercised the power by his sweet-will and bargain with the petitioner, although, the petitioner had been duly appointed by the competent authority against the sanctioned strength vacant post prior to cut off date i.e. 11.12.1990 fixed by the State Government."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Chief Engineer (Mechanical) Public Health Engineering Department, Patna, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate representation is filed, by the petitioner, within a period of four weeks from today, the Chief Engineer (Mechanical) Public Health Engineering Department, Patna, shall consider the same, in accordance with law as also shall take into consideration the case of similarly situated persons, whose services have already been regularized, in case the said fact is stated by the petitioner in his representation and pass a reasoned and a speaking order, in accordance with law, within a period of eight

Patna High Court CWJC No.8226 of 2016(2) dt.13-10-2023 3/3 weeks, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U