Shalik Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.790 of 2016 ====================================================== Shalik Prasad Singh Son of Late Budhan Singh Resident of Village - Baghuai, P.O.- Sewapha, P.S.- Narayanpur, District - Ara ... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary, Public Health Engineering Department, Viheshwaraiya Bhawan, Bailey Road, Patna

2. The Chief Engineer, Mechanical, Public Health Engineering Department, Viheshwaraiya Bhawan, Bailey Road, Patna

3. The Superintending Engineer, Public Health Engineering Circle, Patna null null

4. The Executive Engineeer, Public Health Divisio, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lallan Prasad, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA 7 Mr. Gopal Krishna, AC to GA 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 02-01-2019 It is submitted by counsel for the petitioner that though his name has been recommended in the communication dated 31.10.2013 sent by the Executive Engineer, Public Health Engineering Department, West Patna to the Secretary of the Department showing him to be a retrenched employee, his case for absorption has not been considered till date though his juniors who are at serial no. 126-129 in the said communication have been absorbed ignoring his claim.

Without going into merits of the aforesaid submission, this writ petition is disposed off as the consideration has to be done by the respondent authorities in light of the

Patna High Court CWJC No.790 of 2016 dt.02-01-2019 2/2 recommendation as contained in the said communication dated 31.10.2013 by the respondent no. 4. The respondent no. 4 shall take a final decision in respect of the petitioner's claim for absorption in accordance with law and maintaining parity with other similarly situated as the petitioner's name is contained in the said communication dated 31.10.2013.

Let such consideration be done by the respondent no. 4 within three months from the date of receipt/production of a copy of this order and final decision be taken in accordance with law by a reasoned and speaking order.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date