Patna High CourtCWJC/20027/2014dismissed

Prit Kumar v. The State Of Bihar And ORS

2018-10-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 20027 of 2014 ====================================================== Prit Kumar, son of Sri Kailash Bari, Resident of J C Banarjee Lane, Mundichak, Police Station-Mundichak, District- Bhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Health Govt. of Bihar, Patna.

2. The Commissioner, Bhagalpur.

3. The Collector, Bhagalpur.

4. The Regional Director, Health, Bhagalpur.

5. The Civil Surgeon, Bhagalpur.

6. The M.O.I.C.-cum-Secretary, R.K.S.L.N.J.P.N., Sadar Hospital, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sandeep Patil, Advocate For the Respondent/s :

Mr Sunil Kr Mandal, SC III with Ms Neelam Kumari & Arjun Pd, A Cs to SC III ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 08-10-2018 Heard learned counsel for the petitioner and the respondent-State.

2 Writ petition has been filed claiming regularization. It is the petitioner's case that he has been working on daily wages in office of the Lok Nayak Jai Prakash Narain Sadar Hospital, Bhagalpur since 18.01.2010.

3 Counter affidavit of the State discloses that after 01.10.2012, the petitioner is not on daily wages in the said organization. Even otherwise, respondents have relied upon the Government Circular No 639 dated 16.03.2006 to contend that his

Patna High Court CWJC No.20027 of 2014 dt.08-10-2018 2/2 engagement on daily wages was much after cut off date being 11.12.1990.

4 In view of the aforesaid submission made on behalf of the learned counsel for the State, this Court does not find that the case of the petitioner is such that a direction may be issued for considering his case for regularization. The averments made in the counter affidavit and the stand taken therein have not been denied or disputed by filing any rejoinder.

5 Writ petition is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.10.2018 Transmission Date NA