Pankaj Kumar Mandal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8093 of 2008 ===========================================================

1. Pankaj Kumar Mandal, S/o Sri Harinath Mandal, resident of Village and P.O. Dhanetha, P.S. Falka, District Katihar

2. Thakur Tudoo, S/o Late Somaya Tudoo resident of village Bharsia, P.O. Jhagruchak, P .S. Falka, District Katihar

3. Mohatsim Ahmad, S/o Sri Sheikhrazuddin resident of village and P.O. Morsanda, P.S. Falka District Katihar

4. Sudhir Sahni, S/o Late Shivlal Sahni resident of Village Makdumpur, P.O. Pabai, P.S. Kodha, District Katihar

5. Ashok Kumar Mandal, S/o Sri Sukdeo Mnadal, resident of village Chakla Maulanagar, P.S. Falka, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Environment and Forest Department, Bihar, Patna

2. The Deputy Secretary, Environment and Forest Department, Bihar, Patna

3. The Principal Chief Conservator of Forests, Bihar, Patna

4. The Chief Conservator of Forests, Bihar, Patna

5. The Regional Chief Conservator of Forests, Muzaffarpur

6. The Conservator of Forest, Bihar, Patna

7. The Divisional Forest Officer, Forest Extension, Division, Purnia

8. The Forest Range Officer, Katihar

9. The Forest Range Officer, Purnia .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Suryadeo Narain Verma Mr. Dharmendra Kr.Sinha For the Respondent/s : Mr. Harish Kumar, GP 32 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 04-08-2015 Petitioners have filed the writ application for a direction upon the respondents to regularize their service. They assert that they were engaged as cattle guards or Plant Protection Guards and have been working regularly thereafter.

Respondents have denied the fact that they were working on daily wage regularly. It is their stand that they were seasonal

Patna High Court CWJC No.8093 of 2008 dt.04-08-2015 2/2 workers, limited for the purposes of guarding the plants from cattle etc. under a scheme for the period 1986, 1987 and 1988. In addition to that, the State Government had issued an advertisement contained in Annexure- 6 annexed by the petitioners themselves seeking their response, if they were interested for consideration of their claim. None of the petitioners responded thereto. Therefore, no further exercise in this regard is required to be taken in view of any clear categorical evidence of the petitioners being daily wagers. Writ application is dismissed.

(Ajay Kumar Tripathi, J) sk U