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Patna High CourtCWJC/22141/2018dismissed

Md. Shadab And ORS v. The State Of Bihar And ORS

2020-02-13Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22141 of 2018 ====================================================== 1.

Md. Shadab, S/o Md. Allauddin, R/o Mohalla- New Karimganj, ThanaCivil Line, District- Gaya. 2.

Md. Allauddin, S/o Late Md. Jainulabdeen, R/o Mohalla- New Karimganj, Thana- Civil Line, District- Gaya.

3.

Nankha Ram, S/o Lala Ram, R/o Gewal Bigha Dom Toli, P.O.- Chand Chaura Thana- Rampur, District- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Labour Resources Department, Government of Bihar 2.

Director of Welfare, Government of Bihar, Patna. 3.

District Magistrate-cum-Collector, Gaya.

4.

District Welfare Officer, Gaya.

5.

Hostel Superintendent of Md. Shahid Abdul Hamid Hostel, Sevanagar, Gaya Beside- Udyog Karyalaya, District Gaya 6.

Hostel Secretary of Md. Shahid Abdul Hamid Hostel, Sevanagar, Gaya Beside- Udyog Karyalaya, District Gaya 7.

Hostel-in-Charge of Md. Shahid Abdul Hamid Hostel, Sevanagar, Gaya Beside- Udyog Karyalaya, District Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Krumar Singh, Adv.

Mr.Ajay Kumar Sinha, Adv.

For the Respondent/s :

Mr.Ravi Ranjan, AC to SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2020 Following are the reliefs which the petitioners are seeking :- "(i) Issuance of a direction, order or writ, including a writ in the nature of mandamus commanding the concerned respondents authority to regularize the services of the petitioners.

(ii) Issuance of a direction, order or writ, including a writ in the nature of mandamus commanding the

Patna High Court CWJC No.22141 of 2018(2) dt.13-02-2020 2/2 concerned respondents authority for grant of all consequential benefits in nature of seniority, arrears of pay or any other benefit which they are entitled to."

The petitioners claim that they have been working since 2007-08 on payment of Rs. 9000 per month/ 6000 per month.

Learned counsel appearing on behalf of the petitioners has submitted that they have filed representations before the Hostel-in-Charge, Md. Shahid Abdul Hamid Hostel, Sevanagar, Gaya.

Whether respondent no. 6 is State within the meaning of Article 12 of the Constitution of India or not, is not evident from the pleadings on record. In no case, however, any direction is required to be issued to consider the cases of these petitioners for their regularisation in the absence of any statement made in the writ application that their initial entry was in conformity with the requirements under Articles 14 and 16 of the Constitution of India.

I do not find any merit in this application, which is accordingly dismissed.

(Chakradhari Sharan Singh, J) Rajesh/- U