Kishori Paswan v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16497 of 2008 =========================================================== Kishori Paswan, Son of Sri Rajendra Paswan, Resident of Village Bishwanathpur, P.S. Dumra, Dist. Sitamarhi, at present, working as Jeep Driver on Ad-hoc payment in R.E.O. Works Division, Sheohar at Sitamarhi, Dist. Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Rural Development Department, Bihar, Patna.
2. The Chief Engineer, R.E.O.II, Road Construction Department, New Secretariat, Patna.
3. The Superintending Engineer, Rural Engineering Organization Works Circle, Muzaffarpur, Dist. Muzaffarpur.
4. The Executive Engineer, R.E.O. Works Division, Sheohar at Sitamarhi, Dist. Sheohar.
5. The District Magistrate, Sheohar, District Sheohar. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Durga Nand Jha, Adv. For the Respondent/s : Mr. Mankeshwar Tiwari, AC to AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-11-2017 Heard learned counsel for the petitioner and counsel for the State.
In this case, the petitioner is seeking relief of mandamus for giving direction that the petitioner, who is working continuously from 3.5.2000, be considered for regularization and also for payment on regular basis.
Admittedly, the petitioner was engaged on daily wages at the consolidated amount of Rs. 1,500/- per month. As per petitioner, he continued to perform the duty but, he has not been regularized though the Executive Engineer has recommended for his
Patna High Court CWJC No.16497 of 2008 dt.10-11-2017 regularization. Counsel for the petitioner further submits that he was working under the sanctioned post but, not followed the proper procedure.
It is an admitted fact that the entry in service of the petitioner is not in a proper channel and that too is not covered under the circular issued by the State of Bihar. If the vacancy would be notified, the case of the petitioner will be considered. At the same time, if, at any time, the State goes for regularization, the case of the petitioner will also be considered.
With the aforementioned observation, this application is disposed of.
(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.11.2017 Transmission Date NA