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Patna High CourtCWJC/16634/2013disposed

Suresh Rai And ANR v. The Chief Secretary Govt. Of Bihar And ORS

2016-08-11Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14391 of 2013 ===========================================================

1. Suresh Prasad, S/o Sri Doman Saw, Resident of Koilwar, Bhojpur, Ara.

2. Faiz Alam, S/o Md. Farid Alam, Resident of Village Bhadauri, Mohalla New Azad, P.O.+P.S. Nawada, Dist. Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar ,Through The Chief Secretary, Patna.

2. The Principal Secretary, General Administration, Govt. of Bihar, Patna.

3. The Commissioner, Patna Division, Patna.

4. The District Magistrate, Patna.

5. The Additional District Magistrate, I/c IVth Grade Appointment Committee, Patna.

6. The Sub-Divisional Officer-cum-S.D.M., Patna.

7. The Deputy Collector, Establishment, Patna Collectorate, Patna. .... .... Respondent/s with =========================================================== Civil Writ Jurisdiction Case No. 16634 of 2013 ===========================================================

1. Suresh Rai Son Of Late Nathuni Rai Resident Of Staff Quarter, Circle House, P.O. G.P.O., P.S. Kotwali, District - Patna

2. Kishori Rai Son Of Janardan Rai Resident Of Village - Kolharampur, P.O Panchrukhi Kala, Badhara, District - Bhojpur, Ara .... .... Petitioner/s

Versus

1. The Chief Secretary (State Of Bihar ), Through The Chief Secretary, Government Of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government Of Bihar, Patna

3. The Commissioner, Patna Division, Patna

4. The District Magistrate, Patna

5. The Additional District Magistrate, I/C Ivth Grade Appointment Committee, Patna

6. The Deputy Collector, Establishment, Patna Collectorate, Patna .... .... Respondent/s =========================================================== Appearance :

(In CWJC No.14391 of 2013) For the Petitioner/s : Mr. Shahabuddin Azeem @ S. Azeem For the Respondent/s : AC to GA-9 (In CWJC No.16634 of 2013) For the Petitioner/s : Mr. Shahabuddin Azeem @ S. Azeem For the Respondent/s : Mr. Nadim Seraj, GP-5 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT

Patna High Court CWJC No.14391 of 2013 dt.11-08-2016 Date: 11-08-2016 Heard learned counsel for the petitioner and learned counsel for the State in both the cases.

In the present case a limited grievance has been raised that the Government has delayed in absorption of the petitioners on the regular establishment against the vacant post. The counsel for the petitioners submits that on the basis of the Government policy decision it was decided to regularize the service of the employees who were working as daily wager in the office of the Collectorate and its subordinate offices. In pursuance thereof 1391 vacancies were identified, but the panel has been prepared consists of 410 persons divided into four categories, namely, priority no. 1 having panel 160 persons, priority no. 2 having panel 62 persons, priority no. 3 having panel 39 persons and priority no. 4 having penal 193 persons.

The claim of the petitioner submits that the name of petitioner of CWJC No. 14391 of 2013 is standing at 2nd priority and the names of petitioners in CWJC No. 16634 of 2013 stands at 1st priority list. Only the prayer has been made that process of absorption should be expedited and service of the petitioners should be regularized.

In such view of the matter, the case of petitioners will be

Patna High Court CWJC No.14391 of 2013 dt.11-08-2016 considered for regularization when their turn will come. It is expected that the Collector, Patna would expedite the process of regularization as sufficient vacancies are available in the Collectorate and its subordinate offices. It goes without saying that the Collector will ensure the reservation policy in its letter and spirit, will carry out the absorption taking care of roster point.

With the above observation/direction, both the petitions are disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.8.2016 Transmission Date NA