Uma Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19559 of 2016 ====================================================== Uma Shankar Prasad son of Late Rameshwar Prasad, Resident of VillageUjhandi, Police Station- Jamui, District- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna. 2.

The Inspector General Prison and Reform Services, Govt. of Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The Jail Superintendent, Sub Jail, Jamui.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Prabhat Kr. Verma- Aag3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-11-2021 In the present petition, petitioner has prayed for following reliefs:

1. That this is an application for issuance of appropriate writ/writs, direction/directions to the respondent authorities as follows:

(i) For quashing the order dated 15.02.2016 contained in memo no. 982 issued under the signature of the respondent the Inspector General of Prison & Reforms Services, Bihar, Patna.

(ii) For directing the respondent authorities to consider the case of petitioner for regularisation considering his continuous skilled services in Sub Jail Jamui for about 9 years.

(iii) For directing the respondent to consider the grievances of petitioner with regard to relaxing his age limit in present Adv. No. 5/2015 dated 29.08.2015 for appointment of dresser jail premises

Patna High Court CWJC No.19559 of 2016 dt.16-11-2021 2/3 as mentioned in column (x) and (xi) of the impugned order.

(iv) For any other direction/directions for which the petitioner is entitled in the facts and circumstances of the present case.

Undisputed facts are that petitioner who is stated to have been appointed on the post of Dresser (daily wages) for about two months on 23.04.2005. Thereafter, afreshly he was appointed in the year 2010 for a period of three years. In the light of these facts and circumstances, the petitioner is said to have applied for the post of Dresser (IVth Grade) in the year 2010, which was rejected by the respondents. Petitioner is entitled to have age relaxation in the event of any fresh recruitment depending upon the policy relating to age relaxation provided by the State in their policy read with the case of Secy., State of Karnataka V. Uma Devi reported in (2006)4SCC page 1. The present petition was presented in the year 2016 after lapse of six years from the date of recruitment to the post of Dresser.

That apart, the petitioner was not granted any interim relief so as to participate in the process of fresh recruitment on the post of Dresser, subject to result of the present petition.

Patna High Court CWJC No.19559 of 2016 dt.16-11-2021 3/3 with reference to the decision of the Apex Court (supra) with policy of the State Government in respect of age relaxation to such of those who intents to participate in the regular recruitment. (P. B. Bajanthri, J) rakhi AFR/NAFR CAV DATE Uploading Date 23.11.2021 Transmission Date