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Patna High CourtCWJC/9009/2021dismissed

Upendra Yadav v. The State Of Bihar Through The Secretary Department Of Electricity Bihar,

2022-02-16Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9009 of 2021 ====================================================== Upendra Yadav S/o Bhuttulal Yadav @ Bhuta Yadav resident of village - Balrampur, P.S. and Block - Balrampur, Dist. - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary department of Electricity Bihar, Patna.

2.

The Secretary department of Electricity, Bihar, Patna. 3.

The collector, Katihar, Dist. - Katihar.

4.

The Executive Engineer, Electric supply, Division Katihar, Dist. - Katihar. 5.

The Assistant Electric Engineer Electric Supply, Sub- Divisional Barsaoi, Dist- Katihar.

6.

The Junior Electric Engineer, Electric Supply section Balrampur, Block - Balrampur, Dist. - Katihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Qumrul Hoda For the Respondent/s :

Mr. Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-02-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for the following relief/reliefs:

"That this writ application is being filed for a direction to the concerned respondents authorities for continuation of petitioner service on the post of Electric Technician Known as Manav Bal ( ममनवबल). The petitioner has been restrained illegally from discharging the duty on the said post since 23/01/2019 by the concerned authorities and it is further prayed for other necessary direction to the concerned authorities in the circumstances set forth below."

Patna High Court CWJC No.9009 of 2021 dt.16-02-2022 2/2

3. Petitioner was stated to have been appointed to the post of Electric Technician known as Manav Bal on contract basis. He has no statutory or legal right to continue to hold the post of Electric Technician or Manav Bal. In the absence of statutory or legal right vested on the petitioner, the petitioner is not entitled for issuance of writ of Mandamus under Article 226 of the Constitution.

4. Accordingly, the present petition stands dismissed. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 22.02.2022 Transmission Date