Patna High CourtCWJC/24739/2013dismissed

Hiralal Sah And ORS v. The State Of Bihar And ORS

2018-10-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24739 of 2013 ======================================================

1. Hiralal Sah Son Of Late Sadanand Sah Resident Of Mohalla Mangal Colony Near Sudhin Chowk Tatama Toli, Post Office - Bhatha Bazar, Police Station - Khanchai Hat, District - Purnia

2. Baikunth Prasad Son Of Late Baldeo Mahto Resident Of Village And Post Office Daulatpur, Police Station - Bhadaur, District - Patna

3. Diwakar Jha Son Of Shri Abhainath Ojha Resident Of Village Madauni, Police Station Sakatpur, District Darbhanga .... .... Petitioners

Versus

1. The State Of Bihar Through The Principal Secretary, General Administration Dept. Government Of Bihar, Patna

2. The Principal Secretary, Rural Works Department, Government Of Bihar, Patna Secretariat, Patna

3. The Joint Secretary, Rural Works Department, Government Of Bihar, Patna Secretariat, Patna

4. The Chief Engineer-2, Rural Works Department, Government Of Bihar, Patna

5. The Superintending Engineer, Rural Works Department Works Circle, Purnia

6. The Executive Engineer, Rural Works Department Works Division, Purnia

7. The Collector, Purnia .... .... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Bijay Bihari Sinha, Advocate and Mr. Mukti Nath, Advocate For the Respondents : Mr. Deepak Sahay Jamuar, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners have claimed for regularization by asserting that they were engaged on daily wages as Chaukidr in between 1980 to 1984.

Specific stand of the respondents in the counter affidavit is that the petitioners were terminated in the year 1987 by letter

Patna High Court CWJC No.24739 of 2013 (4) dt.06-10-2018 2/2 no. 4734 dated 3.10.1987 issued by the Personnel and Administrative Department, Government of Bihar and the writ petition has been filed after 36 years of the order of their termination.

The aforesaid position has not been denied or disputed by the petitioners by filing re-joinder to the counter affidavit. The writ petition apart from being barred by delay and latches is also devoid of merit and is dismissed.

(Madhuresh Prasad, J) Shashi.