Dhan Bahadur Magar v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10956 of 2016 ====================================================== Dhan Bahadur Magar son of Padam Bahadur Magar resident of Village- Ward No-7, P.s.- Okhaldunga, Dist- Okhaldunga Nepal. ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Superintending Engineer Co-ordination Circle Elect. Central Public Works Department Block-1 Le 3.

The Executive Engineer, Central Public Works Department, Patna Central Electric Division Punaichak, 4.

The Assistant Engineer E Patna Electric Sub Division No-1 Central Public Works Department Punaicha 5.

The Junior Engineer Elec. Central Public Works Department, E/1, Kathmandu Nepal.

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Respondent/s :

Mr.S.D Sanjay Addl. Soc. Gen.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-07-2025 Heard Learned Counsel for the petitioner and Learned counsel for the Union of India.

2. Counsel for the petitioner has filed the present writ application for directing the respondents authorities to regularized the petitioner while he is working on the post of Muster Roll Staff member in Embassy of India, CPWD, Kathmandu (Nepal). Further prayer has been made to provide the difference of pay from 10.11.2014 to up till now.

3. Counsel for the Union of India has raised preliminary objection and submits that petitioner has been

Patna High Court CWJC No.10956 of 2016 dt.15-07-2025 2/2 appointed by the Superintending Engineer (E) Co-ordination Circle, Central Public Works Department, R.K. Puram, New Delhi. He further submits that since the petitioner is a workman, therefore, he has liberty to file a representation for his grievances before the Labour Court and not before the Writ Court, as he is not employee of the State.

4. In this view of the matter, the present writ application is hereby disposed off granting liberty to the petitioner to file his case along with this order before the Labour Court for all his grievances.

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