Chhotelal Yadav, v. The State Of Bihar, Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6939 of 2021 ====================================================== Chhotelal Yadav, Son of Bhabhichhan Yadav, Resident of Village - Kachnar, P.S. - Siswan, District- Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar, through the Principal Secretary, Department of Home (Police), Old Secretariat, Patna.
2.
The Principal Secretary, Government of Bihar, Department of Home (Police), Old Secretariat, Patna.
3.
The Additional Chief Secretary, Department of Home (Police), Old Secretariat, Patna.
4.
The Home Secretary, Government of Bihar, Patna. 5.
The Director General of Police, Bihar, Patna. 6.
The Additional Home Secretary, Government of Bihar, Department of Home (Police), Patna.
7.
The Divisional Commissioner, Saran, Chhapra.
8.
The District Collector, Siwan.
9.
The Senior Deputy Collector-in-charge, District General Branch, Siwan, Siwan 10.
The Superintendent of Police, Siwan.
11.
The Deputy Secretary of the Government of Bihar, Department of Home (Police), Old Secretariat, Patna.
12.
The Under Secretary to the Government of Bihar, Department of Home (Police), Old Secretariat, Patna.
13.
The Sub-Divisional Officer, Siwan.
14.
The Circle Officer, Siwan, Siwan.
15.
The Officer-in-Charge, Siwan, P.S. - Siwan.
16.
The Officer-in-Charge, Siswan P.S., Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kant Mani Tripathi For the Respondent/s :
Mr. Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-02-2022
Patna High Court CWJC No.6939 of 2021 dt.09-02-2022 2/3 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondents.
3. Counsel for the petitioner is hereby directed to serve copy of the writ petition to the counsel for the State/respondents, if not already served.
4. In the instant petition, petitioner has prayed for the following relief/reliefs:
"That, this is an application for issuance of a Writ in the nature of Mandamus, commanding the Respondent Authorities to regularize the appointment of the petitioner on the post of Chowkidar and make payment of the entire amount due to him along with interest amount on the same for works done by him as Chowkidar in different areas of Kachnar under Siswan P.S. of Siwan District since October, 1990."
5. In support of the aforesaid relief, petitioner submitted representation vide Annexures 13 and 14 respectively. The competent authority has not taken a decision as to whether petitioner is entitled to regularization in terms of the policy decision of the State Government, judicial pronouncements like Secy., State of Karnataka and Others vs. Uma Devi reported in (2006) 4 SCC page 1 read with full bench decision of this Court in the case of Ram Sevak Yadav and Another vs. The State of Bihar and Others in C.W.J.C. Nos. 267 and 472 reported in 2013 (1) PLJR 964.
Patna High Court CWJC No.6939 of 2021 dt.09-02-2022 3/3
6. Thus, the concerned respondent is hereby directed to undertake exercise as to whether the petitioner is entitled for regularization in terms of the aforesaid principles laid down in the judicial pronouncements and proceed to pass a speaking order and communicate the same to the petitioner within a period of four months from the date of receipt of this order.
7. With the above observations, writ petition stands disposed off.
(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date Transmission Date