Chandeshwari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11521 of 2023 ====================================================== 1.

Chandeshwari Paswan Son of Late Lal Dhari Paswan, resident of village - Chiknapati, Devipur, P.O. - Devipur, Ward No. 12, P.S. - Raghopur, District - Supaul.

2.

Kalikant Jha, son of Late Achitanand Jha, resident of village and P.O.- Govindpur, Ward No. 07, P.S. - Pratapganj, District - Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretory, Department of Public Health Engineering (PHED), Govt. of Bihar, Patna. 2.

The Chief Engineer (Mechanical), Department of Public Health Engineering (PHED), Govt. of Bihar, Patna.

3.

The Chief Engineer-cum-Special Secretory, Department of Public Health Engineering (PHED), Govt. of Bihar, Patna.

4.

The Superintending Engineer, Department of Public Health Engineering (PHED), Govt. of Bihar, Patna.

5.

The Executive Engineer, PHED Division, Department of PHED, Saharsa. 6.

The Executive Engineer, PHED Division, Department of PHED, Khagariya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary, Advocate For the State :

Mr.S. Raza Ahmad (Aag5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-01-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of Mandamus directing and commanding the respondents to regularise the service of petitioners who are retrenched daily wagers/Adhoc employees (Peon and Ptrachar Lipik) of Public Health Division, Saharsa and Khagariya in

Patna High Court CWJC No.11521 of 2023(2) dt.02-01-2024 2/3 view of policy decision of the government bearing Resolution No.639 dated 16.03.2006, with all legal and consequential benefits as the petitioners were temporarily appointed on the post of peon and Ptrachar Lipik/clerk in Public Health Division Saharsa and Khagariya under Public Health Engineering Department, Government of Bihar on 13.10.1988 prior to cut off date i.e. 11.12.1990 and several similarly and juniors in Saharsa and Khagariya Division and others Division in the State of Bihar have been regularised by discriminating the petitioners. And/or pass such other order orders for which the petitioners are found to be entitled and be further pleased to direct the respondents to take back the petitioners on their work immediately as similarly situated and juniors to the petitioners have been taken back on their post in view of order of this Hon'ble Court passed in CWJC No.11533 of 2018 its analogous case which was disposed off vide order dated 12.03.2023."

2.

After some arguments, the learned counsel for the petitioners seeks not to press the writ petition, however, seeks liberty on behalf of the petitioners to approach the respondent-

Patna High Court CWJC No.11521 of 2023(2) dt.02-01-2024 3/3 authorities for redressal of their aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U