Ram Naresh Jha @ Naresh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17084 of 2021 ====================================================== Ram Naresh Jha @ Naresh Jha Son of Late Kapileshwar Jha Resident of Village- Bel, P.S.- Bargainia, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

2.

The Principal Secretary, Water Resources Department, Bihar, Patna. 3.

The Secretary, Finance Department, Bihar, Patna. 4.

The Deputy Secretary to the Government, Water Resources Department, Bihar, Patna.

5.

The District Magistrate, Khagaria.

6.

The District Development Officer, Khagaria.

7.

The Engineer in Chief, Water Resources Department, Bihar, Patna. 8.

The Chief Engineer, Water Resources Department, Samastipur. 9.

The Executive Officer, Water Resources Department, Flood Control Division-2, Khagaria.

10.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the State :

Mr.Anjani Kumar ( Aag4 ) For the AG :

Dr. Anand Kumar, Advocate Mr. Ranjan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-02-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is directed for issuance of an appropriate writ in the nature of mandamus commanding the responsible respondents for a direction to regularize the past service of the petitioner i.e. with effect

Patna High Court CWJC No.17084 of 2021(2) dt.07-02-2024 2/3 from 01.08.1978 upto 13.12.2011 for the purpose of grant of pensionery benefit to the petitioner as petitioner was working against sanctioned and vacant post prior to 1.8.1985 and after the policy decision of the state government dated 18.6.1993 respondents consumed more than 20 years in taking decision with regard to regularization of the service of the petitioner, although in similar circumstances other employees those were appointed on daily wages worker prior to 1985 their services were regularized, but the responsible respondents have adopted two stick yards and the service of the petitioner has been regularized/absorbed vide Memo No.3633 dated 14.11.2011 dated 14.12.2011 (contained in Annexure-2). The case of the petitioner is covered with the judgment of this Hon'ble Court passed in CWJC No. 18826 of 2018 dated 17.2.2021 (contained in Annexure-4)."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

Patna High Court CWJC No.17084 of 2021(2) dt.07-02-2024 3/3 3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U