Patna High CourtCWJC/20784/2014disposed

Md. Hanif @ Hanui And ANR v. The State Of Bihar And ORS

2017-11-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20784 of 2014 ===========================================================

1. Md. Hanif @ Hanu, S/o of Late Barho Mian, R/o Village- Sikandara, P.S.- Sikandara, District- Jamui.

2. Md. Hanif Khan, S/o of Late Hafiz Khan, R/o Village- Sikandara, P.S.- Sikandara, District- Jamui.

.... .... Petitioners

Versus

1. The State of Bihar .

2. The Commissioner -cum- Secretary, Water Resources Department of Govt. of Bihar, Patna.

3. The Deputy Secretary, Water Resources Department of Govt. of Bihar, Patna.

4. Engineer-in-Chief-cum-Special Secretary, Water Resources Department of Govt. of Bihar, Patna.

5. Chief Engineer, Water Resources Department of Govt. of Bihar, Patna.

6. Superintendent Engineer, Irrigation Division No.2, Jamui.

7. Executive Engineer, Irrigation Division, Sikandara, Jamui. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Arshad Alam, Advocate For the Respondent/s : Mr. GP6- PRASHANT PRATAP =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 01-11-2017 Heard Mr. Arshad Alam, learned counsel for the petitioners and learned AC to GP-2.

The petitioners filed this writ petition for a direction to the respondents to absorb them on the post of Drivers since the petitioners have been working since 1980.

It appears from the record that the petitioners were removed from service on 31.03.1995 on the ground that the petitioners were working on daily wages. Petitioners moved this Court in C.W.J.C. No.8827 of 1993, but the aforesaid writ petition was dismissed on

Patna High Court CWJC No.20784 of 2014 dt.01-11-2017 2/2 15.07.1997. The petitioners filed L.P.A. No.1094 of 1997, which was also dismissed on 16.12.1997.

Learned counsel for the petitioners submits that similarly situated daily wages employees are still working. Learned counsel for the State denied this fact that any daily wages employees is working.

On consideration of the facts and submission, I dispose of this writ petition that if the petitioners file representation before the authorities, the authorities shall consider the representation of the petitioners.

(Prabhat Kumar Jha, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 03-11-2017 Transmission Date