Ganga Vishnu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1855 of 2022 ====================================================== 1.

Ganga Vishnu Paswan Son of Nagina Paswan Resident of Village- Daha Bigha, P.S. Hilsa, District- Nalanda 2.

Mahendra Paswan Son of Ramvilas Paswan Resident of Village- Posanda, P.S. Mominpur, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The Chief Engineer (Mechanical), Public Health Engineering Department, Bihar, Patna.

4.

The Engineer-in- Chief, Public Health Engineering Department, Bihar, Patna.

5.

The Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna, Patna.

6.

The Executive Engineer, Public Health Division, Hilsa Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the State :

Mr. S. Raza Ahmad (AAG-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 14-07-2026 Heard learned counsel for the petitioners and learned counsel for the State.

2. The present writ petition has been filed for the following relief/s:- "I. For a direction to the respondents to regularized the service of the petitioner No.1 and petitioner No.2 from the date of

2/4 their entitlement in a regular establishment as is given to similarly situated persons in view of regularly working on work charge establishment for more than 28 years and having more than 35 sanctioned and vacant posts available in Hilsa Division.

II. For direction to pay all consequential benefit from the date of regularization in regular establishment.

III. For any other relief/reliefs petitioners are entitled for."

3. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the order passed by this Court in case of Ambika Paswan & Anr. Vs. The State of Bihar & Ors. dated 15.02.2024 in C.W.J.C. No. 3158 of 2020.

4. Learned counsel for the State, on the other hand, submits that if the case of the petitioners is squarely covered by the said order, then the petitioners may be allowed to file a representation before the Respondent no. 4 who shall take decision in this matter within a stipulated period of time.

5. After hearing the parties, it transpires to this Court that the Government of Bihar has adopted a policy namely, Bihar State Litigation Policy, 2011 whose Clause 4.C(1)

3/4 is very much relevant which states as follows:- "A good number of cases are from the category of similar cases. Each Government Department will aim to consider and settle the claim of the representationist/ applicant-employee/ citizen, if the claim is found covered by any decision of the Court. Many service matters of this nature, can be disposed of at the level of the Department itself without compelling the litigant to come to the Court. In this manner, the Government Departments would be acting as efficient litigants."

6. In this background, liberty is hereby granted to the petitioners to file representation along with a copy of this order before the Engineer-in-Chief, Public Health Engineering Department, Bihar, Patna (Respondent no. 4) within 30 days from today. Upon receipt of the same, the Respondent no. 4 shall pass a reasoned and speaking order with regard to the petitioners and if, it has been found that the case of the petitioners is squarely covered as like that of Ambika Paswan & Anr. (supra), then the Respondent no. 4 shall provide benefits to the petitioners also, in the light of Clause 4.C(1) of the Bihar State Litigation Policy, 2011 within three months.

4/4

7. Accordingly, with the aforesaid direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- AFR/NAFR CAV DATE NA Uploading Date 14/07/2026 Transmission Date NA