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Patna High CourtCWJC/3213/2014disposed

Uma Shankar Prasad v. The State Of Bihar And ORS

2015-12-09Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 3213 of 2014 =========================================================== Uma Shankar Prasad Son Of Late Rameshwar Prasad Resident Of Village - Ujhandi, Police Station - Jamui, District - Jamui .... .... Petitioner/s

Versus

1. The State Of Bihar Through Its Chief Secretary, Govt. Of Bihar, Patna

2. The Inspector General Of Prison And Reform Services, Govt. Of Bihar, Patna

3. The District Magistrate, Jamui

4. The Jai Superintendent, Sub Jail, Jamui .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Respondent/s : Mr. GP-4 U.Shankar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 09-12-2015 Heard learned counsels for the parties.

Annexure-1 is the so called engagement of the petitioner. It is a unique kind of engagement done on the so called oral discussion which the District Magistrate had with the Jail authorities. Reading further, it indicates that because of over-crowding of the prisoners for a short period for less than two months, the petitioner was engaged to work as a Dresser on daily-wage. Now, he is claiming that he has stayed on beyond a period of engagement and he has a right of regularization.

The foundational facts do not enthuse this Court to pass such decisive order in favour of the petitioner. So far as claim of the petitioner that even age relaxation should be given, which is coming

Patna High Court CWJC No.3213 of 2014 dt.09-12-2015 2/2 in the way of regular appointment in terms of the previous advertisement, is a matter to be considered by the respondents. If the petitioner approaches the competent authority, i.e., I.G. (Prison), Government of Bihar, Patna he will pass an appropriate order on the claim of the petitioner within a period of three months from the date of filing of such an application with a copy of this order. Writ application stands dismissed with observation / direction as above.

(Ajay Kumar Tripathi, J) SKM/- U