Anil Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17073 of 2014 ====================================================== Anil Kumar Jha S/o Late Balmukund Jha Resident of village - Phulwaria, P.S. Korha, District - Katihar ... ... Petitioner

Versus

1. The State of Bihar through its SEcretary - cum - Commissioner, Water Resources Department, Government of Bihar, Patna

2. The Joint Secretary, Water Resources Department, Government of Bihar, Patna

3. The Engineer in Chief, Water Resources Department, Government of Bihar, Patna

4. The Chief Engineer, Water Resources Division, Purnea

5. The Superintending Engineer, Drainage Circle, Purnea

6. The Executive Engineer, Water Drainage and Irrigation Division, Purnea ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Sinha For the Respondent/s :

AC to AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2018 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

The petitioner submits that there was an order dated 6.12.1996 passed in CWJC No. 8651 of 1996 in his favour for considering his case for regularisation. He submits that in view thereof the petitioner was entitled for regularisation as permanent employee of the office of Executive Engineer, Water Drainage and Irrigation Division, Purnea. The petitioner had been working in this department on the post of Jeep Driver. This Court would notice that thereafter, the petitioner was placed in the monthly salary of Rs. 3050 - 4950/- from the

Patna High Court CWJC No.17073 of 2014(2) dt.06-10-2018 2/2 year 2007 under order of the Chief Engineer, Water Resources Department, Purnea dated 26.9.2007 bearing office Order No. 2732. He has availed of the said benefit till retirement without raising any objection thereto.

The petitioner, just one month prior to his retirement, has filed this writ application re-agitating the claim of regularisation even though he had availed of the benefits of scale of Rs. 3050-4950/- during his entire service career without raising any objection in respect thereof. The petitioner has attained the age of superannuation on 30.9.2014. Considering the aforesaid position no case is made out for interference. The writ petition is devoid of merit and is accordingly dismissed.

(Madhuresh Prasad, J) SNkumar/- U