Patna High CourtCWJC/1276/2009dismissed

Sunil Kumar Sinha v. The State Of Bihar And ORS

2017-03-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1276 of 2009 ====================================================== Sunil Kumar Sinha Son of Late Chandrika Prasad, resident of Mohalla - Chirayatand, South of Tarkeshwar Path, P.O. Patna G.P.O., P.S. - Kankarbagh, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Collector-cum-District Magistrate, Patna.

3. The Sub-Divisional Officer, Patna Sadar, Patna.

4. The Additional District Magistrate (Establishment), Patn. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Narayan, Sr.Adv. Mr. Satyendra Prasad, Adv.

For the Respondent/s : Mr. S. Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6.

29-03-2017 Heard Sri Rajendra Narayan, learned senior counsel assisted by Sri Satyendra Prasad, learned counsel for the petitioner and Mr. S.Raza Ahmad, learned Addl. Advocate General - 5. The petitioner, who was disengaged long back as daily-wager in the year 1997, has approached this Court by filing the present writ petition in the year 2009, with a prayer to direct the respondents to regularize his services taking the plea that in identical situation, one another person was regularized in the year 2005.

A plea was taken that the petitioner was engaged even prior to 1985, as daily-wager, however; it has not been disputed that after 1997, no work has been taken from the petitioner, either

Patna High Court CWJC No.1276 of 2009 (6) dt.29-03-2017 2/2 as daily-wager or against any work.

Considering the fact that since long back in the year 1997, the petitioner has stopped functioning, there is no point to consider the prayer for regularization. Order for regularization can be passed only in a case, in which, on the date of passing order, an employee/worker is functioning.

I do not find any ground to pass any favourable order. The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay U