Patna High CourtCWJC/22275/2013dismissed

Khagesh Poddar v. The State Of Bihar And ORS

2018-10-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22275 of 2013 ====================================================== KHAGESH PODDAR SON OF LATE YUGAL PODDAR RESIDENT OF VILLAGE DUMARA, P.O. DUMARA, P.S. FALKA, DISTRICT KATIHAR ... ... Petitioner

Versus

1. The State Of Bihar

2. The Principal Secretary, Road Construction Department, Government Of Bihar, Bishweshwaraiya Bhawan, Baily Road, Patna

3. The Secretary Road Construction Department National Highway Government Of Bihar, Patna

4. The Engineer-In-Chief Road Construction Department National Highway Division, Government Of Bihar, Vishwasaraiya Bhawan, Bailey Road,Patna

5. The Principal Secretary Finance Department, Govt. Of Bihar, Patna

6. The Chief Engineer Road Construction Department National Highway Division Purnia, District Purnia

7. The Executive Engineer, The National Highway Division, Purnia

8. The Superintending Engineer, The National Highway Division, Purnia ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Jitendra Kumar Giri, Advocate For the Respondents :

Mr. Kameshwar Pd Gupta, GP 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner as well as learned counsel for the respondents.

The petitioner has prayed for a direction upon the respondents to regularize his service. He claims to have been appointed under the Work Charge Establishment as Labour in the Public Works Department, Government of Bihar as far back in 1969.

Counter affidavit has been filed by the State. Specific stand taken is that despite repeated opportunity granted to the petitioner he has failed to produce even his appointment letter, and other service records. He submits that claim of the

Patna High Court CWJC No.22275 of 2013(3) dt.06-10-2018 2/2 petitioner is not worthy of consideration. No re-joinder or reply thereto has been filed by the petitioner, denying or disputing the assertions made in the counter affidavit.

In view of such undisputed position, there is no occasion for this Court to exercise the power under the writ jurisdiction.

Writ petition is dismissed.

(Madhuresh Prasad, J) Shashi U