Raghunandan Mahto And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2038 of 2016 In Civil Writ Jurisdiction Case No.10255 of 2013 ======================================================

1. Raghunandan Mahto, S/o Late Ram Sharan Mahto, resident of Village- Sultanpur, P.O.- Kanhaipur, P.S.- Mokama, DistrictPatna.

2. Bindeshwari Thakur, S/o Late Dhobi Thakur, resident of Village & P.O.- Alamnagar, P.S.- Alamnagar, District- Madhepura. ... ... Appellants

Versus

1. The State of Bihar.

2. The Principal Secretary, Rural Woks Department, Govt. of Bihar, Patna.

3. The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna.

4. The Chief Engineer-1, Rural Works Department, Government of Bihar, Patna.

5. The Superintending Engineer, Rural Works Department, Govt. of Bihar, Patna.

6. The Executive Engineer, Rural Works Department, Works Division, Patna. ... ... Respondents ====================================================== Appearance :

For the Appellant/s :

Mr. Satyendra Narayan Singh For the Respondent/s :

Mr. PUSHKAR NARAIN SHAHI-AAG6 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 04-01-2018 Heard counsel for the appellants as well as the counsel for the State.

The writ application of the appellants was dismissed on 16.09.2016 in view of the fact that no order for regularization of service could be passed or ordered for persons who had already retired or superannuated during the period of consideration. The learned single Judge has rightly held that since there was no master servant relationship the occasion for

Patna High Court LPA No.2038 of 2016(10) dt.04-01-2018 2/2 regularization would not arise thereafter.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U