Mahesh Chandra Mishra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6332 of 2008 ===========================================================

1. Mahesh Chandra Mishra son of late Makund Mishra, resident of Karajpur, P.s. Bahadurpur, District-Darbhanga at present residing at Janta Flat No.22/262 P.S. Kankarbagh, District-Patna.

2. Arjun Singh, son of late Ram Parikshan Singh, Resident of Village Bayahpur, P.S. Maner, District-Patna.

.... .... Petitioners.

Versus

1. The State of Bihar

2. Commissioner, Housing Department, Bisheshwariya Bhawan, Patna.

3. The Managing Director, Housing Board, 6 Mangles Road, Patna-15. .... .... Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Respondent/s : Mr. Ansuman Singh Mr. Hridayal Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date: 18-07-2018 The prayer of the writ petitioners in the present writ petition is to direct the respondent no.2 to regularize the services of the petitioners with retrospective effect and pay all the arrears including gratuity etc.

The learned counsel for the petitioners has referred to various judgments of this Court dated 06.09.2012 passed in C.W.J.C. No. 11076 of 2004 and analogues case and 18.09.2008 passed in C.W.J.C. No. 14866 of 2006 to contend that in similar cases this Court has directed to extend the benefits granted to the various employees of the Housing Board vide notification dated 18.11.1989, which is at Annexure-5 of the writ petition, hence the petitioners

Patna High Court CWJC No.6332 of 2008 dt.18-07-2018 2/2 should also be extended the same relief. It is further stated that the said judgment dated 06.09.2012 has been upheld by this Court in LPA No. 1374 of 2013.

In view of the law being already settled by the learned Single Judge and the learned Division Bench of this Court, no different view can be taken by this Court, hence the State Government is directed to extend the same benefit to the petitioners herein as has been granted to various persons/employees of the Housing Board in terms of Annexure-5 of the writ petition which is dated 18.11.1989. The entire exercise should be completed within a period of four months from today.

The writ petition is allowed.

(Mohit Kumar Shah, J) BTiwary/-Md Rashid AFR/NAFR NAFR CAV DATE N/A Uploading Date23.07.2018 Transmission Date