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Patna High CourtCWJC/13868/2015dismissed

Jitendra Kumar Giri v. The State Of Bihar And ORS

2023-08-31Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13868 of 2015 ====================================================== Jitendra Kumar Giri S/o Sri Jani Giri Resident of Village P.O. Panbari, P.S.- Sandesh, District Bhojpur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Public Health Engineering Department, Bihar, Patna.

2.

The Engineer-in-Chief cum Special Secretary, Public Health Engineering Department, Bihar, Patna.

3.

The Chief Engineer, Public Health Engineering Department, Buxar. 4.

The Superintending Engineer, Public Health Engineering Circle, Ara, Bhojpur.

5.

The Executive Engineer, Public Health Engineering Department, Buxar. 6.

The Sub-divisional Officer, Public Health Engineering Subdivision, Dumraon, Buxar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwini Kumar Rai, Adv.

For the Respondent/s :

Mr. Raghwanand, GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2023 The present writ petition has been filed seeking the following reliefs:- "1(I). Issuance a writ in the nature of mandamus or any other appropriate writ, order or direction to the Respondent authorities to regularize the service of the petitioner on the post of Khalasi (Pump Operator) in the department of Public Health Engineering as the petitioner was appointed on the said post vide Memo No. 787 dated 15.7.1994, issued under the signature of Respondent no.2, addressed to the Respondent-5.

Patna High Court CWJC No.13868 of 2015(3) dt.31-08-2023 2/3 (II). A direction to the Respondent authorities to regularize the petitioner on the post of Khalasi as he was appointed on the said post under the supervision of Sub-divisional Officer, Public Health Sub-division, Dumraon as daily wages vide memo No. 307 dated 01.6.1995, issued under the signature of Respondent no. 5.

(III). A direction to the Respondent authorities to treat the petitioner as a regular staff without making disturbance because the petitioner had followed each and every direction of his superior authorities in the said work at the time of strike period when the regular employees of the department was/were on strike for more days.

(IV). A direction to the respondent authorities to treat the petitioner as regular staff by making any disturbance as the petitioner is a most experienced than the other daily wages workers has been deprived time to time without showing any reason while the most juniors that the petitioner are continuing in their works without making any interruption."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

Patna High Court CWJC No.13868 of 2015(3) dt.31-08-2023 3/3 3.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U