Lakshman Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12465 of 2021 ====================================================== 1.

Lakshman Bharti son of Deonarayan Bharti resident of South Telhua, Ward No. 10, P.S.- Jagdishpur, District- West Champaran. 2.

Anoop Kumar son of Kashi Lal Prasad resident of Amwa Majhar Tola Chauraha, Ward No. 04, P.S.- Jagdishpur, District- West Champaran. 3.

Premshankar Pandey son of Late Vishwanath Pandey resident of Village Barwat Prasaraine, P.S.- Bettiah (Mufassil), District- West Champaran. 4.

Manjay Kumar son of Ramnath Prasad Yadav resident of Ward No. 02, Bishunpurwa, Jitpur, District- East Champaran. 5.

Surendra Kumar Sharma son of Kishun Deo Sharma resident of Basopatti, Ward No. 08, Near School, Puraina, District- West Champaran. 6.

Anwar Ansari son of Alimam Ansari resident of Ward No. 32, Agarwa, near Oli Masjid, P.S.- Motihari Town, District- East Champaran. 7.

Ram Prawesh Mahto son of Jamuna Mahto resident of Ward No. 03, Mashahi, Majharia, District- West Champaran.

8.

Chunchun Pandit son of Madhumangal Pandit resident of Bada Daud, P.O. Bada Daud, P.S.- Bada Daud, P.S.- Paru, District- Muzaffarpur. 9.

Anil Kumar Yadav son of Paras Prasad Yadav, resident of Macchargawa, Ward No. 16, District- East Champaran.

10.

Basudev Kumar Paswan son of Paras Paswan resident of Ward No. 13, Dhum Nagar Kachhari Tola, P.S.- Nautan, District- West Champaran. 11.

Dinesh Kumar Singh son of Awadhesh Kumar Singh resident of Belbanwa Shivpuri, Belbanwa, Motihari, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The Director Department of Land Revenue, Govt. of Bihar, Patna. 4.

The Principal Secretary, Human Resource Department, Govt. of Bihar, Patna.

5.

The District Magistrate, West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Kumar Tiwary, Advocate For the Respondent/s :

Mr. Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 18-01-2022

Patna High Court CWJC No.12465 of 2021 dt.18-01-2022 2/3 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioners have prayed for the following reliefs:- "(i) For issuance of appropriate writ(s) order(s) and direction to respondents to consider petitioners' case of regularization or absorption in view of the admitted case that ll these petitioners are working regularly from the date of their respective appointment and till date no adverse comment has been received against them.

(ii) For issuance of appropriate writ, order and direction(s) to respondents that some of petitioners have become overage and hence they cannot be appointed on fresh vacancy.

(iii) For issuance of appropriate writ, order and direction(s) to respondents that alternatively they may be allowed to continue till the project is going on as advertised during period of appointment.

(iv) For direction and declaration that petitioners' case may also be considered in view of the similarly situated persons of Chakbandi Dept. who have been directed to continue either up to regularization of service or up to completion 65 years of their respective services. (Annexure-5) (v) For any other relief(s) for which petitioners may be found entitled in the facts and circumstances of this case."

Patna High Court CWJC No.12465 of 2021 dt.18-01-2022 3/3 Short question for consideration is whether the petitioners are entitled for absorption/regularization or not? In this regard, petitioners have not furnished any representation so as to issue direction for consideration. Therefore, the present petition is not maintainable.

Accordingly, the present petition stands disposed off reserving liberty to the petitioners to submit a detailed representation along with the judicial pronouncement, if any. If such representation is furnished the competent authority is hereby directed to examine the grievance of each the petitioners and redress the same at the earliest.

(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A