The State Of Bihar And ORS v. Arun Kumar Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1538 of 2014 IN Civil Writ Jurisdiction Case No. 13972 of 2007 ===========================================================

1. The State of Bihar through Secretary, Rural Development Department, Bihar, Patna.

2. The District Magistrate, Siwan.

3. The Deputy Development Commissioner-cum-Project Director, District Rural Development Agency, Siwan.

.... .... Appellants

Versus

Arun Kumar Singh S/o Late Suresh Chandra Singh Resident of village/mohalla - Zila Parishad Colony, Siwan, P.S. Siwan, District Siwan. .... .... Respondent =========================================================== Appearance :

For the Appellants : Mr. Alok Ranjan, AC to GA-6 For the Respondent : Mr. Jeetendra Narayan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 09-05-2017 Heard counsel for the State and counsel for the private respondent.

The impugned order dated 20.01.2014 passed by the learned single Judge in C.W.J.C. No. 13972 of 2007 is set aside. There is a basic fallacy in the decision and direction issued by the learned single Judge because the D.R.D.A. employees are employees of a registered society and not employee of the State. The District Magistrate has nothing to do with such employees, therefore, a direction for consideration of regularization was totally unwarranted and uncalled for.

Patna High Court LPA No.1538 of 2014 dt.09-05-2017 2/2 The impugned order dated 20.01.2014 is set aside. Appeal is allowed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.05.2017 Transmission Date N/A