Santosh Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20743 of 2011 ====================================================== Santosh Kumar Singh, son of Sri Tribhuwan Singh, resident of village Vijay Rai Ka Tola Semaria police station Rivilganj district Saran at Chapra .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Urban Development Department Govt. of Bihar, Patna

2. The District Magistrate Saran at Chapra

3. The Rivilganj Municipality Saran at Chapra

4. The Chairman, Rivilganj Municipality Saran (chapra )

5. The Executive Officer Rivilganj Municipality Saran at Chapra .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun For the Respondent/s : Mr. Dhurjati Kr Prasad Gp7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 18-05-2016 Heard Sri Gajanan Arun, learned counsel for the petitioner and Dr. Alok Kumar Sinha, learned counsel for the respondent no. 3 to 5/ Rivilganj Municipality, Sarana at Chapra. The petitioner, has approached this court invoking its writ jurisdiction with a prayer to direct the respondents to consider the candidature of the petitioner for regularization by granting permanency in service.

Without going into detail, at the very outset, learned counsel for the respondent / Rivilganj Municipality submits that petitioner was a daily wager and as daily wager work was taken from the petitioner from 1999 to 2002 whereas, learned counsel for the petitioner submits that petitioner is still functioning as

Patna High Court CWJC No.20743 of 2011 (4) dt.18-05-2016 2/2 daily wager. So, accordingly, for this court it would be difficult to adjudicate on such disputed question. However, learned counsel for the petitioner, in view of the statement made in paragraph no. 11 of the counter affidavit makes a prayer for disposal of the present writ petition so that, the respondent/Rivilganj Municipality may take appropriate decision in accordance with law.

On the basis of submission made by the parties, the writ petition is being disposed of without recording any opinion on the merit of the case with an expectation that the respondent /Rivilganj Municipality may take appropriate decision in the matter in accordance with law.

(Rakesh Kumar, J) Praful/- U T