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Patna High CourtCWJC/16322/2019disposed

Nand Mohan Sharma v. The State Of Bihar

2019-08-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16322 of 2019 ====================================================== Nand Mohan Sharma, male, aged about 57 years, S/o Sita Sharan Singh, Resident of Village/ Mohalla- Indira Nagar, Road No.- 1, Beside Fojdar Raj Mandir, P.O.- Kankarbagh, P.S. Lohianagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

2.

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

The Joint Secretary, Water Resources Department, Government of Bihar, Patna.

4.

The Engineer-In- Chief (Middle), Water Resources Department, Bihar, Patna.

5.

The Chief Engineer, Water Resources Department, Bhagalpur. 6.

The Executive Engineer, Flood Control Division, Naugachia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Ranjan, Adv.

For the Respondent/s :

Mr. Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 22-08-2019 The petitioner, though has been working since 1981, has not been regularized when persons junior to him in the Panel have been regularized under the orders of the Court.

Patna High Court CWJC No.16322 of 2019 dt.22-08-2019 2/3

2. The learned counsel for the petitioner has drawn the attention of this Court to a judgment of this Court in C.W.J.C. No. 1373 of 2014, dated 13.02.2015, wherein the claim of the petitioners therein was accepted. Services of many persons were regularized pursuant to the aforesaid order dated 13.02.2015.

3. Mr. Alok Ranjan, the learned Advocate for the petitioner submits that the case of the petitioner is also squarely covered by the ratio of the aforesaid judgment passed in C.W.J.C. No. 1373 of 2014, but for the reasons which are not explicable, the services of the petitioner has not been regularized even though he has getting the time scale for a very long time.

4. Under the aforesaid circumstance, the petitioner is directed to make a suitable representation before the Chief Engineer, Water Resources Department, Bhagalpur (respondent No. 5) within a period of two weeks from today, who, on receipt of the same, shall look into the facts of the case, the entitlement of the petitioner and the cases of other similarly situated persons and, thereafter,

Patna High Court CWJC No.16322 of 2019 dt.22-08-2019 3/3 shall pass a reasoned order in accordance with law in the light of judgment dated 13.02.2015, referred to above, within a period of ten weeks of the receipt of such representation.

5. With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.08.2019 Transmission Date N/A