Krishna Nand Awasthi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7481 of 2022 ====================================================== Krishna Nand Awasthi, S/o Achuta Nand Awasthi, Resident of MohallaRikabganj, Khachiya Road, P.S.-Tekari, District-Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Chief Engineer, Flood Control and Water Discharge (Nissaran) Department, Purnia Zone, Katihar.

3.

The Superintending Engineer, Flood Control and Water Discharge (Nissaran) Department, Purnia Zone, Purnia.

4.

The Executive Engineer, Flood Control and Water Discharge (Nissaran) Department, Purnia Zone, Purnia.

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha, Advocate For the Respondent/s :

Mr.Anjani Kumar ( AAG-12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-02-2024 The present writ petition has been filed seeking the following reliefs:- "1. i) For issuance of appropriate writ in the nature of Mandamus seeking direction to respondents to regularise the service of petitioner upon Class-IV post as petitioner had been working since 15.06.1987 I.e., from the date of his appointment upon daily wage basis and when petitioner was disengaged on the basis of engagement after 01.08.1985 then Hon'ble High Court by the order dated 02.07.2009 passed in CWJC No. 3907 of 1999 directed to consider the case of petitioner and he was continued in service after recommendation for regularisation of service of petitioner but he was not

Patna High Court CWJC No.7481 of 2022(2) dt.13-02-2024 2/2 regularised whereas similarly situated daily wage worker who had been working in the Department had been regularised.

ii) For issuance of appropriate writ in the nature of Mandamus seeking direction to respondents to not discriminate the petitioner from similarly situated employee of same district or other district as their services were regularised by the Department but in the case of petitioner it was not done and such act of respondent is in violation of Article 14 and 21 of Constitution of India as well as against the principle of natural justice."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U