Prakash Paswan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19232 of 2015 ====================================================== 1.

Prakash Paswan Son of Sri Thakur Paswan Resident of village and P.O. Rangaon, P.S. Tarapur, District - Munger 2.

Pradip Yadav Son of Sri Dhaneshwar Yadav Resident of village - Dhobai, P.S. Tarapur, District - Munger 3.

Gorelal Paswan Son of Late Babu Lal Paswan Resident of village - Rangaon, P.S. Tarapur, District - Munger 4.

Dinesh Yadav Son of Sri Muso Yadav Resident of village - Dhobai, P.S. Tarapur, District - Munger 5.

Niranjan Rajak Son of Late Salto Rajak Resident of village - Dhobi Tola, Tarapur, P.S. Tarapur, District - Munger 6.

Lallu Paswan Son of Thakur Paswan Resident of village and P.O. Rangaon, P.S. Tarapur, District - Munger 7.

Yadu Yadav @ Jadu Yadav, Son of Late Paro Yadav Resident of village - Dhobai, P.O. and P.S. Tarapur, District - Munger 8.

Pheku Yadav Son of Sushil Yadav Resident of village - Dhobai, P.O. and P.S. Tarapur, District - Munger 9.

Vinod Mishra Son of Late Shiv Narayan Mishra Resident of village - Dhobai, P.O. and P.S. Tarapur, District - Munger 10.

Kedar Ravidas Son of Late Doman Ravidas Resident of village - Kajichak, Milki, P.O. and P.S. Tarapur, District - Munger 11.

Bhola Yadav Son of SRi Gojo Bishwas ( Yadav ) Resident of village - Dhobai, P.O. and P.S. Tarapur, District - Munger 12.

Pawan Paswan Son of Late Borhan Paswan Resident of village and P.O. Rangaon, P.S. Tarapur, District - Munger 13.

Prabhash Paswan Son of Late Mogal Paswan Resident of village and P.O. Rangaon, P.S. Tarapur, District - Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Commissioner - Cum - Secretary, Water Resources Department, Old Secretariate, Patna 4.

The Chief Engineer, Water Resources Department, Barari, District - Bhagalpur 5.

The District Magistrate, Munger 6.

The Superintending Engineer, Water Resources Department, Haweli Kharagpur, District - Munger

Patna High Court CWJC No.19232 of 2015 dt.20-05-2019 2/3 7.

The Executive Engineer, Irrigation Department, Tarapur, District - Munger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Yadav, Adv.

For the Respondent/s :

Mr. Md. Fazle Karim, AC to SC1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 20-05-2019 Heard leaned counsel for the parties.

In the present case, the petitioners are seeking their regularization in service.

Learned counsel for the petitioners, in support of his claim, has placed reliance in the order dated 18.12.2014 passed in C.W.J.C. No. 21547 of 2014 and also on the order dated 24.04.2012 passed in C.W.J.C. No. 5196 of 2015. Learned counsel for the State submits that the petitioners are not daily wagers rather they are seasonal workers and they work for 89 days for a year.

This Court finds that in both the aforesaid orders, the petitioners were daily wagers whereas, in the present case, the petitioners are seasonal workers working for 89 days a year. In that view of the matter, the present petitioners cannot be given the benefit of regularization and, that too, their entry in service is not in accordance with the rules and regularizations of the State Government.

Patna High Court CWJC No.19232 of 2015 dt.20-05-2019 3/3 Accordingly, this Court does not find any merit in the present writ applications and same is dismissed. (Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.05.2019 Transmission Date