Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9107 of 2019 ====================================================== Rakesh Kumar Rai S/O Girindra Kishor Rai, R/O Village - Bilashpur, P.S.-,Ramnagar, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of CoOperative, New - Secretariat, Bihar, Patna. 2.

The Principal Secretary, Department of Co- Operative, New Secretariat, Bihar, Patna.

3.

The Registrar, Co-Operative Society, New Secretariat, Bihar, Patna. 4.

The Joint Registrar, Co-Operative Society, Tirhut, Muzaffarpur. 5.

The National Central Co-Operative Bank Limited, Bettiah, through its Managing Director.

6.

The Chairman, National Central Co-operative Bank Limited, Bettiah. 7.

The Managing Director, Bettiah, National Central Co-Operative Bank Limited, West Champaran, Bettiah.

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Respondent/s :

Mr.Amit Prakash (Ga13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present application for a direction to the respondents to consider his case for regularization on the post of Paid Manager.

Learned counsel for the petitioner submits that similar issue was considered and decided by a coordinate bench of this Court in C.W.J.C. No. 21239 of 2018 vide order dated 22.08.2019.

Patna High Court CWJC No.9107 of 2019(2) dt.18-12-2019 2/3 In order to maintain consistency, the present application is disposed of in similar term of C.W.J.C. No. 21239 of 2018 disposed of vide order dated 22.08.2019. The relevant part of the order is reproduced hereinbelow:- "In view of the conclusive opinion of the Division Bench in case of Rabindra Nath Mishra (supra), as noted above, preliminary objection, raised on behalf of the respondent Bank, is hereby overruled. It is accordingly held that this writ application filed seeking directions to National Central Co-operative Bank Limited, Bettiah, West Champaran, is maintainable.

In view of the submission made on behalf of the petitioner, this application is disposed of in terms of above mentioned order of this Court, dated 02.08.2019, passed in C.W.J.C. No. 21232 of 2018 (Pradeep Dwivedi and Another Vs. The State of Bihar and Others), ad accordingly the Managing Director, National Central Co-operative Bank Limited, Bettiah, West Champaran, is directed to consider the case of the petitioner for regularization in terms of the guidelines issued from time to time and under Section 44AV of the Bihar Co-operative Societies Act, 1935 within a period of three months from the date of receipt/production of a copy of this order.

Before I part with the present order, I

Patna High Court CWJC No.9107 of 2019(2) dt.18-12-2019 3/3 must indicate that no observation made in the present order shall be treated to be any expression on the merits of the petitioner's claim for his regularization."

(Anil Kumar Upadhyay, J) Ravi/- U