Hari Narain Bhagat @ Hari Narain Prasad Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18502 of 2021 ====================================================== Hari Narain Bhagat @ Hari Narain Prasad Bhagat Son of Laxmi Bhagat Resident of Village- Pokhara Sapatu, P.S. Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Addl. Secretary, Home and Public Department, Government of Bihar, Patna.

2.

The Director of Prosecution, Prosecution Directorate to Government of Bihar.

3.

The Assistant Director, Prosecution Directorate, Government of Bihar. 4.

The Deputy Secretary, Home and Public, Government of Bihar. 5.

The Director, Prosecution Directorate, Old Secretariat, Government of Bihar, Patna.

6.

The District Magistrate, Hajipur at Vaishali. 7.

The District Prosecution Officer, Vaishali, Hajipur. 8.

The Sub Divisional Officer, Vaishali, Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh, Advocate For the Respondent/s :

Mr. P.K. Verma, AAG 3 :

Mr. Saroj Kumar Sharma, AC to AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-12-2021 In the instant petition, petitioner has prayed for the following relief/reliefs:

"That the present application is being filed for issuance of a writ in the nature of mandamus directing the respondents to regularize the services of the petitioner on a regular post of Class-IV employee and for direction to pay the petitioner a salary of basis pay scale of a Class-IV worker and for also directing the Respondent. The petitioner be paid the arrears of payment for the work on the basis of equal pay equal work principal and for all consequential benefits for his constitution services."

Patna High Court CWJC No.18502 of 2021 dt.14-12-2021 2/2 Short question for consideration in the present petition is whether petitioner is entitled for regularization on par with others in the light of judgement passed in the case of Secy., State of Karnataka and Others vs. Uma Devi reported in (2006) 4 SCC page 1 read with the Full Bench decision of this Court in the case of Ram Sevak Yadav and Another vs. The State of Bihar and Others in C.W.J.C. Nos. 267 and 472 reported in 2013 (1) PLJR 964.

The concerned Appointing Authority/Regularizing Authority is hereby directed to redress the grievance of the petitioner by passing a speaking order as to whether petitioner is entitled to regularize or not?

Such exercise shall be completed within a period of three months from the date of receipt of this order. With the above observations, writ petition stand disposed off.

(P. B. Bajanthri, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2021 Transmission Date NA