Ajay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6977 of 2019 ====================================================== Ajay Kumar Jha, son of Late Dev Nath Jha, resident of House No.223/800, Shastrinagar Durga Mandir, P.S.- Shastrinagar, Patna-23, At present residing at Dev Pushpa Bhawan, Shivala-Naubatpur Road, Near Faridpur Market, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Principal Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Additional Secretary, Building Construction Department, Government of Bihar, Patna.

4.

The Special Secretary, Building Construction Department, Government of Bihar, Patna.

5.

The Deputy Secretary, Building Construction Department, Government of Bihar, Patna.

6.

The Under Secretary, Building Construction Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate For the Respondent/s :

Mr.Monoj Kumar Amabashtha ( SC-26 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 29-04-2019 The petitioner is aggrieved by the order dated 20.07.2018 passed by the Deputy Secretary, Government of Bihar in Memo No. 7368 whereby the services of the petitioner and other such employees, engaged as members of Project Management Unit (in short PMU) in Building Construction Department has been terminated.

2. From the perusal of the order, it becomes very

Patna High Court CWJC No.6977 of 2019 dt.29-04-2019 2/3 clear that on 12.06.2013, the Project Management Unit was constituted for effective implementation of the Building Construction Department. The services of the petitioner and many others were engaged in such unit temporarily, for a period of two years, which period was extended for a further period of three years. The project in which such unit was brought into existence is now over.

3. Apart from this, the order impugned indicates that with fresh appointment of 100 Junior Engineers, 65 Engineers on contract basis and 35 retired Engineers for carrying out the work of the Building Construction Department, there is no dearth of manpower. Apart from this, the department has proceeded ahead for engaging 100 Assistant Engineers on contractual basis.

4. In this background, no writ can be issued or direction be given to the respondent authorities to retain the services of the petitioner in such dissolved Project Management Unit.

5. The learned counsel for the petitioner, however has stated that the respondents are considering to adjust the

Patna High Court CWJC No.6977 of 2019 dt.29-04-2019 3/3 petitioner and others who were earlier members of the Project Management Unit. This is purely in the realm of the decision making process of the respondents/government. The petitioner may pursue his remedy with his superior authorities.

6. No good ground has been made out for issuance of any direction in the writ petition.

7. The writ petition stands dismissed.

(Ashutosh Kumar, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 02/05/2019