Md. Alim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6286 of 2019 ====================================================== Md. Alim Ansari, S/o Chabbu Ansari Resident of Bakar Tola Basetha, P.s.- Chousa, Distt.- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, General Administration Department, Govt. of Bihar, Patna 2.

Director Social Welfare Department (ICDS) Directorate Govt. of Bihar, Patna 3.

The District Magistrate Madhepura 4.

The District Programme Officer Madhepura 5.

Child Development Programme Officer Chousa, Madhepura 6.

Subodh Kumar S/o Jyotish Pandit Vill.- Purani, P.s.- Purani, Distt.- Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Prasant Pratap ( GP-2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-04-2019 Heard the learned counsel for the parties.

2. The petitioner has approached this Court against the order which was passed by the District Magistrate on 30.11.2018 turning down his request for regularizing him in the service of Data Operator.

3. From the perusal of the order impugned, it appears that the petitioner was appointed on purely temporary basis and whatever remuneration was given to

Patna High Court CWJC No.6286 of 2019 dt.22-04-2019 2/3 him was on the basis of the work that he rendered in the organization.

4. It is amply reflected in the impugned order that the post of Data Operator was not available in Chausa but because of the need based requirement of Data Operators, the petitioner's services were taken which was continued till about 2017. In between, the petitioner was also transferred to another destination and thereafter no work was taken from him.

5. It appears that the appointment of the petitioner was absolutely temporary, which was need based, and therefore the petitioner does not have any right for being regularized in service.

6. All that this Court can observe is that in case the process of regular/fresh appointment is initiated, the petitioner be given a right to participate in the same and the concerned respondents may consider the feasibility/desirability of giving age relaxation to him, if he satisfies other eligibility conditions, and keeping in mind

Patna High Court CWJC No.6286 of 2019 dt.22-04-2019 3/3 the long period for which the petitioner has served as Data Operator.

7. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.04.2019 Transmission Date