Ram Swarup Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18919 of 2014 ====================================================== Ram Swarup Prasad Yadav son of Late Komal Prasad Yadav at present residing at C/o N.P. Singh, House no. 116, Tulsi Nagar, Tilka Manjhi, Bhagalpur ... Petitioner

Versus

1.

The State Of Bihar through the Secretary, Rural Works Department, Govt of Bihar, Patna 2.

The Engineer-in-Chief, Rural Works Department, Bihar, Patna. 3.

The Chief Engineer, Rural Works Department, Bhagalpur. 4.

The Superintending Engineer, Rural Works Department, Works Circle, Bhagalpur.

5.

The Executive Engineer, Rural Works Department, Works Division, Bhagalpur ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Ankit Katriar, Advocate For the State :

Mr. Gyan Prakash Ojha, GA 7 Mr. Gopal Krishna, AC to GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioners' counsel submits that the issue regarding petitioners' claim for his absorption in regular establishment is now covered by a Full Bench decision in the case of Mobina Khatoon Vs State of Bihar and others, reported in 2019(2) BLJ (9) FB. He submits that in respect of petitioner's claim relying upon the Full Bench decision, he would be approaching the Engineer - in - Chief, Rural Works Department, Bihar, Patna (respondent no.2) giving details of his past services under the work charge establishment.

Patna High Court CWJC No.18919 of 2014(5) dt.11-03-2019 2/2 Since the issue is to be decided by respondent no.2, no useful purpose would be served by keeping the writ petition pending. This Court would only observe that if the petitioner makes his application to this effect within four weeks and his case is covered by the decision of the Full bench, respondent authorities in view of the provisions contained in Clause 4.C (1) of the Bihar State Litigation Policy, 2011 would be obliged to dispose of the same by a speaking and reasoned order extending the same benefits to the petitioner in accordance with law within eight weeks thereafter.

Writ petition is disposed of.

(Madhuresh Prasad, J) Shashi U