Atindra Kumar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7649 of 2018 ====================================================== Atindra Kumar Verma Son of Sri Suresh Kumar Verma, Resident of VillageJhaman Bigha, P.O.- Bhaikh, P.S.- Barabar Paryatan Vishunganj O.P., BlockMakhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

3.

The Joint Secretary, Urban Development Department, Government of Bihar, Patna.

4.

The Deputy Secretary, Urban Development Department, Government of Bihar, Patna.

5.

The Commissioner, Magadh Division, Gaya.

6.

The District Magistrate, Jehanabad.

7.

The Nagar Panchayat, Makhdumpur, P.O.P.S.- Makhdumpur, DistrictJehanabad through the Chairman, Na 8.

The Executive Officer, Nagar Panchayat, Makhdumpur, P.O.P.S.- Makhdumpur, District- Jehanabad.

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

For the Petitioner/s :

Mr.Umesh Kumar Mr. Abhishek Anand, Adv Mr. Sneha Ranjan, Adv Mr. Tahsin Nayyar, Siddiqui, Adv Mr. Subhankar Raj, Adv For the Respondent/s :

Mr.Yogendra Prasad Sinha -Aag7 Mr. Rajeev Kumar Sinha, AC to AAG-7 For the Nagar Panchayat:

Mr. Binay Kumar Singh, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-04-2024 Counsel for the petitioner, counsel for the State and counsel for the Nagar Panchayat, Makhdumpur present.

2. This writ petition has been filed for directing the respondents to allow the petitioner to discharge his function as a Safai Jamadar in the Office of Nagar Panchayat, Makhdumpur,

Patna High Court CWJC No.7649 of 2018(2) dt.08-04-2024 2/3 and to make the payment of his salary on regular basis along with other consequential Benefits including arrear of salary alongwith the interest since the date of regularization of the service of the petitioner.

3. Counsel for the petitioner submits that he has earlier moved before this Court vide Annexure-4 which was disposed off in the light of the order passed in C.W.J.C. No. 16067 of 2001. Counsel further submits that the petitioner of C.W.J.C. No. 16067 of 2001 has again moved before this Hon'ble Court in C.W.J.C. No. 2766 of 2013 in which the said writ petition was disposed off vide order dated 28.03.2016. Counsel submits that his case is exactly similar to as that of the petitioner of C.W.J.C. No. 2766 of 2013, therefore, direction may be given that similar treatment may be made with the present petitioner as that like of the petitioner in C.W.J.C. No. 2766 of 2013.

4. Counsel for the State and Counsel for Nagar Panchayat, Makhdumpur submits that the appointment of the petitioner has not been made according to the norms.

5. In the light of the submissions made by the parties, this Court is of the view that if the case of the petitioner is similar to that of the petitioners of C.W.J.C. No. 2766 of 2013

Patna High Court CWJC No.7649 of 2018(2) dt.08-04-2024 3/3 then petitioner of the present case shall be at liberty to file the application before the Executive Officer, Nagar Panchayat, Makhdumpur, under 4(C) of the Bihar State Litigation Policy, 2011 within 30 days and the Executive Officer, Nagar Panchayat, Makhdumpur, is directed to pass reasoned and speaking order on the representation filed by the petitioner within 90 days.

6. It is made clear that the said 90 days shall be counted from the date from the date on which Lok Sabha Election concludes.

(Dr. Anshuman, J) Sunnykr/- U