Manir Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7234 of 2022 ====================================================== Manir Alam Son of Abdul Kalam Resident of Azad Nagar, Ward No.13, Police Station Araria, District- Araria.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Old Secretary, Patna, District Patna.
2.
The Commissioner, Purnia Division, District Purnia. 3.
The District Magistrate, District Araria.
4.
The Additional District Magistrate, In-charge of Establishment SectionAraria, District Araria. 5.
The Secretary, Health and Family Welfare Department, having his office of New Secretariat, Patna, District Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar Yadav For the Respondent/s :
Mr.Manish Kumar ( Gp 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ or writs, order or orders, direction or directions to the concerned respondents authority to regularize the service of this petitioner in the collectoriate of Araria, District Araria where the petitioner is working as IVth Grade employee on daily wages since long time.
(ii). For issuance of an appropriate writ or writs, direction or directions to include the name of the petitioner as daily wages worker in the current panel, the proceeding dated 19.03.2007 which
Patna High Court CWJC No.7234 of 2022(2) dt.19-12-2023 2/3 was of the 2 proceeding of recruitment committee Chaired by the then D. M. for the appointment of Grade IV employee against 79 vacancies in Health Department, Araria whom are daily wages at Araria Collectoriate and the case of this petitioner is also similar footing. (iii). For issuance of the appropriate writ or writs order or orders, direction or directions to the concerning respondent authorities to prepare the Panel for appointment on Grade IVth Post in the Araria Collectoriate and create the post of Typist and vehicle driver on the basis official circular and policy decision issued by the personal administrative reforms department for appointment of grade IVth employee at Araria Collectoriate, District-Araria.
(iv). For issuance of an appropriate writ or writs, order or direction to stop the appointment of daily wages employee with certain conditions, the vacancy came out in the year 2013; but the petitioners are working since 2004 at the Araria Collectoriate in different posts.
(v). For issuance of an appropriate writ, order or direction to the concerned respondents authority to prepare fresh penal in accordance the Penal 1991, 1999 and include the name of the petitioner and regularize the petitioner also as earlier the respondent authorities regularized the service of other daily wages work in the lots of the Collectoriate Araria, District Araria. It is also
Patna High Court CWJC No.7234 of 2022(2) dt.19-12-2023 3/3 directed to the respondents authorities to relax the age as per Section 54 of the Bihar Service Code, if required."
2.
At the outset, the learned counsel for the petitioner submits that though undisputedly, the advertisement was issued in the year, 2008 but considering the stand taken by the Respondents in the counter affidavit filed in the present case to the effect that the selection process is long over, the present writ petition be disposed off, as having been rendered infructuous. 3.
Accordingly, the present writ petition stands disposed off as not pressed.
(Mohit Kumar Shah, J) Ajay/- U