Md. Kayum Ansari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 21495 of 2014 ====================================================== Md Kayum Ansari S/o Md Sharif Resident of Mohalla Baswaria, Ghusukpur, Ward No. 31, P.S. Bettiah Town, District West Champaran. ... ... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna

2. The Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

3. The Collector-cum-District Magistrate, Bettiah, West Champaran.

4. The Nagar Parishad, Bettiah, District West Champaran through its Executive Officer.

5. The Chairman, Nagar Parishad, Bettiah, District West Champaran.

6. The Executive Officer, Nagar Parishad, Bettiah, District West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sanjeev Kumar, Advocate For the S t a t e :

Mr Tripurari Nath Ambastha, AC to SC XX For Respondent No 6 :

Mr Priyadarshi Matri Sharan, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 11-02-2019 Heard learned counsel for the petitioner and the respondent-State.

2 Petitioner has filed the writ petition claiming regularization of his contractual services on Grade IV Post of Ward Jamadar in the respondent-Nagar Parishad, Bettiah. The claim is made seeking parity with 20 other similarly situated contractual employees whom the petitioner alleges have been regularized by the respondents.

Patna High Court CWJC No.21495 of 2014 dt.11-02-2019 2/2 3 In the counter affidavit, which has been filed on behalf of the Nagar Parishad, specific averment has been made that the Empowered Committee of Nagar Parishad, Bettiah, under Resolution dated 09.05.2015, has cancelled regularization of the employees with whom petitioner is seeking parity. Claim of such persons has also been rejected by this Court in order dated 31.03.2016 passed in CWJC No 22539 of 2014.

4 On going through the order passed by this Court in CWJC No 22539 of 2014, this Court would only observe that since the respondents have taken a stand in respect of the other 20 persons that when the issue of regularization is taken up, due procedure would be followed and their claim shall be considered, instant petitioner would also be entitled to similar consideration, when issue of regularization is taken up.

5 No case is made out for regularization. Writ petition is dismissed as devoid of merit.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA