Rameshwar Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7070 of 2008 ===========================================================

1. Rameshwar Singh son of late Sheo Pujan Singh, resident of village - Bhusurha Tola Biran Bigha, Police Station and District - Arwal.

2. Gopal Sharan Singh son of late Sukan Singh Yadav, resident of village - Bhusurha, Police Station and District - Arwal.

3. Ram Bilas Prasad son of late Sakal Deep Sao, resident of village - Hajipur, Police station - Kinjar, District - Arwal.

4. Dularchand Choudhary son of late Lallan Choudhary, resident of village - Chhotaki Ahiyapur, Police Station and District - Arwal.

5. Bishnu Deo Singh son of late Sheo Pujan Singh, resident of village - Aslanpur Chhapra, Police Station and District - Arwal.

6. Ram Deo Manjhi son of Nakhid Manjhi, resident of village - Khanpura, Tola - Barema, Police Station -Paliganj, District - Arwal.

7. Deep Narayan son of late Sheo Pujan Singh, resident of village - Aslanpur Chhapra, Police station and District - Arwal.

8. Bhola Choudhary, son of Shri Dahu Choudhary, resident of village - Chhotaki Ahiyapur, Police Station and District - Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner cum Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Chief Engineer, Water Resources Department, Government of Bihar, Patna.

3. The Superintending Engineer, Sone-Gaya Flood Protection, Water Resources Department, Mithapur, Patna.

4. The Executive Engineer, Sone Canal Division, Khagaul, District - Patna.

5. The Sub Divisional Officer, Sone Canal Sub Division, Arwal, District - Arwal. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 7484 of 2008 ===========================================================

1. Birendra Narain Singh son of Shri Kuldip Narain Singh, resident of village - Shyam Nagar, Post Office - Babhani, Police Station - Gamharia, District - Madhepura.

2. Devanand Singh son of late Damodar Prasad Singh, resident of village and Post Office - Sakhua, Police Station - Muraliganj, District - Madhepura.

3. Ashok Kumar son of late Jai Narain Yadav, resident of village - Khari, Post Office - Parmanandpur , Police station - Murliganj, District - Madhepura.

4. Subhashchand Yadav, son of late Banke Prasad Yadav, resident of village Khari, Post Office - Parmanandpur, Police station - Murliganj, District - Madhepura.

5. Dayanand Yadav, son of late Tarni Prasad Yadav, resident of village - Khari, Post Office- Parmanandpur, Police station - Muralignaj, District - Madhepura.

6. Rajendra Prasad Yadav son of Shri Kapileshwar Yadav, resident of village and post office - Murliganj, Distirct - Madhepura

7. Shyamlal Sah son of late Chhedi Lal Sah, resident of village and post office - Kaswa, District - Purnia.

8. Radhekant Singh son of late Shri Raghubansh Singh, resident of village and

Patna High Court CWJC No.7070 of 2008 dt.04-08-2015 2 / 3 post office- Kali Prasad, via - Pirpainti, District - Bhagalpur.

9. Dhani Mandal son of late Shri Lukharu Mandal, resident of village and post office - Kali Prasad, Via - Pirpainti, District - Bhagalpur.

10. Sheopujan Mandal, son of late Shri Chhedi Mandal, resident of village and post office - Kali Prasad, Via - Pirpainti, District - Bhagalpur.

11. Nathu Thakur son of late Punit Lal Thakur, resident of village and post office - Murliganj, District - Madhepura.

12. Ashok Kumar Singh, son of late Shivanand Singh, resident of village and post office - Dighi, Police Station - Muralignaj, District - Madhepura.

13. Maheshwar Sah son of late Lakshman Sah, resident of village and post office - Pipra, Police Station - Pipra, District - Purnia. .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner cum Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Director, Revenue (Administration), Water Resources Department, Government of Bihar, Patna.

3. The Special Officer cum Deputy Secretary, Water Resources Department, Government of Bihar, Patna.

4. The Deputy Collector, Revenue Division, Water Resources Department, Purnea.

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

(In CWJC No. 7070 of 2008) For the Petitioner/s : Ms. M.CHATTERJEE Mr. Madheshwar Singh For the Respondent/s : Mr. (AAG6) (In CWJC No. 7484 of 2008) For the Petitioner/s : Ms. M.CHATTERJEE Mr. Madheshwar Singh For the Respondent/s : Mr. (SC20) =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-08-2015 The scheme of regularization is not available to seasonal workers by very nature of their engagement.

The submission of the counsel for the petitioners that they are required to be treated at par with other daily wagers is based on misplaced kind of pleadings and assertions.

In addition to that, respondents have categorically denied

Patna High Court CWJC No.7070 of 2008 dt.04-08-2015 3 / 3 any kind of right of these petitioners for regularization in absence of any policy especially keeping in mind the nature of such engagement. It is also categorically stated that most of these petitioners were disengaged more than 15-16 years ago. If that be so, no direction for regularization is required to be issued.

Writ applications have no merit. They are dismissed. (Ajay Kumar Tripathi, J) R.K.Pathak/- U