Patna High CourtCWJC/3709/2011dismissed

Uday Sharma v. The State Of Bihar And ORS

2015-12-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3709 of 2011 ====================================================== Uday Sharma Son Of Sri Subam Sharma Resident Of Village-Shastri Nagar, PS &Dist. Jahanabad.

.... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Chief Secretary, Bihar Office At New Secretary Baily Road, Patna.

3. The Commissioner & Secretary, Govt. Of Bihar Rural Development Department, Main Secretariate,Patna-14.

4. The D.M. Jahanabad, District- Jahanabad.

5. The D.D.C.Jahanabad, District- Jahanabad.

6. The Administration Officer, D.R.D.A Jahanabad District-Jahanabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishor For the Respondent/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned AC to GA No. 12.

The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for directing the respondents to regularize his services. It has been accepted that petitioner was earlier working as Daily Wager Computer Operator since February 1995.

In this case a counter affidavit has been filed wherein it has been indicated that earlier as Daily Wager the petitioner was being paid Rs. 63/- per day. However, on request of the petitioner an honorarium of Rs. 3000/- per month was fixed to the

Patna High Court CWJC No.3709 of 2011 (4) dt.02-12-2015 2/2 petitioner and he is still getting honorarium, which has been enhanced to Rs. 8000/- per month. It has also been indicated that there is instruction that there shall be no regularization of the Computer Operator in D.R.D.A.

The court is of the opinion that regularization is no mode of appointment. Unless there is any specific provision, no such direction can be passed.

I do not find any ground to pass any positive order. The writ petition stands dismissed.

(Rakesh Kumar, J) Praful/- U