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Patna High CourtCWJC/10804/2021dismissed

Rakesh Kumar Hembram v. The State Of Bihar

2023-09-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10804 of 2021 ====================================================== Rakesh Kumar Hembram Son of Mahesh Chandra Hembram Resident of Basantpur, Near Anand Marg School, Ward No.12, Basantpur, DistirctSupaul. ... ... Petitioner

Versus

1.

The State of Bihar through Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

2.

Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

3.

The District Collector, Saharsa, 4.

The Deputy Collector, Establishment, Saharsa. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Saroj Kumar Sharma, A.C. to A.A.G-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner seeks regularization of services on Class-IV sanctioned post in the Saharsa Collectorate. He has also prayed that his name be included in the appropriate rank or serial number in the panel prepared by the District Establishment Committee, Saharsa. The learned counsel places reliance on Annexure-2 to submit that the petitioner has been working on daily wages.

3. There is no date mentioned on Annexure-2. It appears to be an extract of a list/panel wherein the name and

Patna High Court CWJC No.10804 of 2021(2) dt.25-09-2023 2/2 details of applicants have been recorded. The petitioner's name in the Annexure-2 is at Sl. No. 15. Column-7 of the table is the column wherein the details of the past service rendered on daily wages or with respect to retrenched employees was to be recorded. In column 7, it has clearly been recorded that petitioner has not worked on daily wages and is not a retrenched employee. Annexure-2 has never been challenged by the petitioner.

4. In view of the clear remark in Annexure-2, the very premise of claiming regularization is not to be found in the writ petition, based on the averments made therein. The petitioner, therefore, would have no claim for regularization.

5. The writ application is dismissed.

(Madhuresh Prasad, J) Pankaj/Mayank U