Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11083 of 2025 ====================================================== 1.

Rajeev Kumar Son of Viddyanandan Singh, Resident of - Bishunpur Bande, P.S. - Bhagwanpur, District- Vaishali.

2.

Vijay Kumar, Son of- Sonelal Rai, Resident of Village- Ward No. 11, Mohammadpur Gangti, P.O. - Kartaha Buzurg, P.S. - Goraul, DistrictVaishali. 3.

Anil Kumar, Son of - Brichandra Singh, Resident of Village- Piroie, Ward No.7, P.S.- Goraul, District- Vaishali.

4.

Amarnath Paswan, Son of Sahdev Paswan, Resident of Village- Samastpur Jhitkahi, Baksawan P.S.- Goraul, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Energy Department, Government of Bihar, Patna.

2.

The Chairman, North Bihar Power Distribution Company Limited, Government of Bihar, Patna.

3.

The Secretary, North Bihar Power Distribution Company Limited, Government of Bihar, Patna.

4.

The District Magistrate, Vaishali.

5.

The Chief Engineer, North Bihar Power Distribution Company Limited, Government of Bihar Patna.

6.

The Executive Engineer, North Bihar Power Distribution Company Limited, Mahua.

7.

The Executive Engineer, Electricity Supply Lower Division, Mahua. 8.

The Assistant Electrical Engineer, Electricity Supply Lower Division, Mahua.

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the State :

Mrs. Archana Meenakshee (GP-6) Mr. Harish Kumar (AC to GP-6) Mr. Rana Veer Prawar (AC to GP-6) For the NBPDCL :

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2025 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for North Bihar Power Distribution Company Ltd.

Patna High Court CWJC No.11083 of 2025(2) dt.22-07-2025 2/3

2. The present writ petition has been filed for the following relief/s:- "I. To issue an appropriate writ/writs, order/orders or direction/directions in the nature of mandamus for taking action on the representation dated 01.10.2024 filed by petitioners whereby and where under the petitioners have requested the respondent authorities to take regular work from the employees working on the post of Rural Revenue Franchisee posted at the office of the Assistant Electrical Engineer, Electricity Supply Lower Division, Mahua.

II. To issue an appropriate writ/writs, order/orders or direction/directions in the nature of mandamus for directing the respondents to adjust the petitioners on any other suitable post under the Electricity Supply Lower Division, Mahua on the basis of the service rendered by the petitioners.

III. For any other consequential relief/reliefs to which the petitioners may be found to be legally entitled to."

3. Learned counsel appearing for North Bihar Power Distribution Company Ltd. raised a preliminary objection and submits that the present writ petition is not maintainable on two grounds. Firstly, proper party has not been added in this case, as

Patna High Court CWJC No.11083 of 2025(2) dt.22-07-2025 3/3 there is no post of Chairman and Secretary in the North Bihar Power Distribution Company Ltd. Secondly, the petitioner has demanded a future relief which has not been taken place at present. Counsel further submits that the petitioners by virtue of this writ petition wants protection that the North Bihar Power Distribution Company Ltd. may not remove them from taking work.

4. It transpires to this Court that the petitioners have no threat as they are working and if any, they are not the employee. Therefore, the remedy available to the petitioners lies before the competent Labour Court and not before the Writ Court. Hence, this writ petition stands dismissed. (Dr. Anshuman, J) Divyansh/- U