Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19601 of 2011 ====================================================== Shankar Prasad Son of Late Sagiban Mahto Resident Of Village Dihra, P.S. Rahui, District Nalanda, At Present Residing At Mohanpur, Punaichak, P.S. Shastrinagar, District-Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Road Construction Department, Government of Bihar, Patna.

2.

The Engineer-In-Chief, Road Construction Department, Government of Bihar, Patna. 3.

The Chief Engineer, Central Design Origination Department, Government of Bihar, Patna.

4.

The Superintending Engineer, Bridge Design Circle, Road Construction Department, Government of Bihar, Patna 5.

The Executive Engineer, Bridge Investigation Division, C.D.O. Road Construction Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Pratyush Kumar, Advocate Mr. Madhu Prasoon, Advocate Ms. Renu Kumari, Advocae For the State :

Mr.Vinay Kriti Singh, GA 2 MR. Binay Kumar Pandey, AC to GA 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 08-12-2023 Pursuant to the order dated 19.10.2023, Mr. Ashok Kumar Jha, Chief Engineer, Central Design Origination, Road Construction Department, Government of Bihar, Patna is present in the Court. They have taken a fresh decision through the Committee and they are of the view that petitioner had worked as Data Entry Operator against one of the sanctioned post, however, he is not entitled to regularization in view of the fact that he has worked for about six years and one of the condi-

Patna High Court CWJC No.19601 of 2011(11) dt.08-12-2023 2/2 tions stipulated in the case of Secy., State of Karnataka and Others vs. Uma Devi reported in (2006) 4 SCC that one has to work continuously for about ten years and, thereafter, other three conditions were required to be fulfilled. One of the criteria of ten years' continuous service as daily wager or ad hoc is not fulfilled by the petitioner.

2. In the result, the present petition stands disposed of as petitioner is not eligible to be regularized against one of the Data Entry Operator post.

(P. B. Bajanthri, J) Vikash/- U