Mithilesh Thakur And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.331 of 2019 ====================================================== 1.

Mithilesh Thakur and Ors Son of- Shradda Thakur, Resident of- N.H.- 83, Dariyapur, Kurthoul, P.S. Parsa Bazar, District- Patna. 2.

Rajesh Kumar, Son of- Late Yogendra Prasad Malakar, Resident ofSarakothi, Fathuha, P.S.- Fathuha, District- Patna. 3.

Jitendra Kumar, Son of- Bijendra Prasad, Resident of Rasalpur, Fathuha, P.S.- Fathuha, District- Patna.

... ... Petitioners

Versus

1.

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

The Principal Secretary, Department of Energy, Govt. of Bihar, Patna. 3.

The Managing Director, South Bihar Power Distribution Company Limited, Patna.

4.

The G.M. PESSU At Patna.

5.

The Executive Engineer, Kankarbagh Division, South Bihar Power Distribution Company Limited, Patna.

6.

The S.D.O., Kankarbagh Division, South Bihar Power Distribution Company Limited, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Vitesh Kumar Singh For the SBPDCL :

Mr.K unal Tiwary,ASC for SBPDCL ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2019 The writ petition has been filed seeking relief of regularisation.

The petitioners claim to be working on grade IV posts on daily wage under the South Bihar Power Distribution Company Limited. The specific stand has been taken by the respondents in their counter affidavit, copy of which was served on petitioners' Counsel on 4.7.2019 itself, that petitioners were

Patna High Court CWJC No.331 of 2019(3) dt.11-07-2019 2/2 never appointed as daily wagers by the respondent Company. It is their specific assertion that one M/s Jai Durga Construction has engaged and disengaged the petitioners. The petitioners were working under the agency and were never appointees or daily wagers under the respondent Company.

Having regard to the said uncontroverted position on the pleadings there is no occasion for this Court to issue any direction to the respondent Company.

The writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) SNkumar/- U