Priyadarshan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3910 of 2016 ====================================================== Priyadarshan, son of late Gorakh Prasad Kushwaha, resident of mohalla - Anand Nagar, Bettiah, Police Station - Bettiah Town, District - West Champaran ... ... Petitioner/s

Versus

1 The State Of Bihar through the Principal Secretary, Rural Works Department, Government of Bihar, Patna 2 The Principal Secretary, Road Construction Department, Government of Bihar, Patna 3 The Engineer-in-Chief -cum- Additional Commissioner -cum- Special Secretary, Road Construction Department, Bihar, Patna 4 The Chief Engineer, National Highway (Sub Branch), Road Construction Department, Bihar, Patna 5 The Superintending Engineer, National Highway Circle, Maripur, District - Muzaffarpur 6 The Executive Engineer, National Highway Division, Motihari, District - East Champaran 7 The Executive Engineer, National Highway Division, Gopalganj, at present Araria, Kishanganj 8 The Executive Engineer, Rural Works Department, Works Division, Motihari, District - East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s B N Mishra, B K Mishra, Advocates For the Respondent/s :

Mr Niraj Kumar, AC to GA X ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and the respondent-State.

Claim has been made in the writ petition for regularizing the period 27.04.1985 to 20.02.1986 for which period petitioner's father has been denied salary. In the counter affidavit, stand taken by the respondents is that the Secretary, Rural Works Department, on

Patna High Court CWJC No.3910 of 2016(2) dt.08-05-2019 2/2 28.09.2016, has requested the Principal Secretary, Road Construction Department to take steps for regularizing the services of late father of the petitioner for the said period as during the said period, petitioner's father was waiting for posting in the office of the Chief Engineer, National Highway (Sub Branch), Road Construction Department, Government of Bihar. Learned counsel for the petitioner submits that the respondents be directed to take a decision in respect of the said period in accordance with law.

In view of the aforesaid limited grievance, writ petition is disposed of.

Respondent No 2 should take a final decision in respect of the claim in light of Annexure B dated 28.09.2016 expeditiously and without any undue delay and if any admissible amounts are found due to the petitioner's father on account of the said regularization, the same should be paid in accordance with law within a period of three months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) M.E.H./- U