The Union Of India v. Jitendra Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4063 of 2024 ====================================================== 1.

The Union of India through the Secretary, Ministry of Information and Broadcasting, Government of India, New Delhi 110001. 2.

The Chief Executive Officer, Prasar Bharati (Broadcasting Corporation of India), Doordarshan Bhawan Tower C, PB Secretariat, New Delhi 110001. 3.

The Director General, Doordarshan, Doordarshan Bhawan Tower B, New Delhi 110001.

4.

The Deputy Director (ADMN.), Office of Director General, Doordarshan, Doordarshan Bhawan, New Delhi 110001.

5.

The Deputy Director (Engineering), Doordarshan Kendra, Patna- 800001. ... ... Petitioners.

Versus

Jitendra Kumar Son of Late Rajendra Kumar Resident of Govindpur, Balmi Post/P.S.- Phulwarishrief, District- Patna (Bihar). ... ... Respondent.

====================================================== Appearance :

For the Petitioners :

Mr. Anshuman Singh, Advocate.

For the Respondent :

Mr. Ansul, Advocate.

Mr. Anuj Kumar, Advocate.

Mr. Shyam Kishore, Advocate.

Mr. Rishi Sinha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 09-04-2024 The petitioners-Department of Doordarshan have questioned the validity of the CAT Order dated 02.03.2023 passed in OA/050/00601/2019 with OA/050/00985/2019. It is necessary to reproduce paragraph-23 the aforesaid order and it reads as under:

"In view of the above-mentioned facts it will be proper to issue appropriate directions in the

Patna High Court CWJC No.4063 of 2024 dt.09-04-2024 2/3 matter. It is hereby directed as under:- a. The respondents will consider the regularization of the services of the applicants against regular vacancies available.

b. In case no regular vacancy is available or vacancy available fall short, to create supernumerary post equal to number of the numbers of applicants or to the number of shortfall of vacancy and to consider the applicants for regularisation against those created supernumerary post.

c. This entire exercise, directed in clause a & b above, be completed expeditiously but latest within one year, from date of receipt of copy of this order.

d. Till pendency of case of the applicants for regularisation, they shall be engaged to work available on preferential basis."

2. Sub para-a of Paragraph-23 of the aforesaid order cited supra was required to be examined by the concerned authority while taking a decision. In the absence of such decision, the present writ petition is not maintainable. That apart, in the pleadings in the writ petition, the petitioners have

Patna High Court CWJC No.4063 of 2024 dt.09-04-2024 3/3 not apprised whether contesting respondent herein does not fulfill the criteria stated in sub para-a of paragraph-23 of the CAT Order.

3. Therefore, the present writ petition stands disposed of as it is pre-mature. Petitioners are hereby directed to pass a detailed speaking order in respect of paragraph 23(a) of the CAT Order with reference to service records of respondent Jitendra Kumar read with departmental records.

4. Accordingly, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.04.2024.

Transmission Date NA