Hare Krishna Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3555 of 2021 ====================================================== Hare Krishna Sharma Son of Bharat Sharma Resident of Village Andhari Kantho, Ward No. 16, Via Chapraon, District Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

2.

The Secretary, Rural Works Department, Government of Bihar, Patna. 3.

The District Collector, Katihar.

4.

The District Collector, Saharsa.

5.

Superintending Engineer, Rural Works Department, Works Division, Katihar.

6.

Superintending Engineer, Rural Works Department, Works Division, Saharsa.

7.

The Deputy Collector, Establishment, Katihar. 8.

The Deputy Collector, Establishment, Saharsa. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purnendu Keshav For the Respondent/s :

Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 31-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:- "1. That this is an application for issuance of an order or direction or a writ preferably in the nature of a writ of mandamus to the concerned authorities directing them to place the name of the petitioner at the appropriate Serial Number in the list of daily wagers retrenched prior to 1990 being processed now for the regularization of daily

Patna High Court CWJC No.3555 of 2021 dt.31-01-2022 2/2 wagers who have worked for five years or more prior to 1990 and be further pleased to direct the authorities to appoint/regularize the petitioner on Grade 4 post in view of his eligibility, seniority and job experience granting him all consequential benefits.

and/or be pleased to pass any other suitable and appropriate orders in the facts and circumstances of the case."

3. The aforesaid relief is not supported by legal/statutory right followed by demand before the competent authority. In the light of Apex Court's decision in the case of Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R. 1977 SC 276, the present petition is not maintainable.

4. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to submit a detailed representation along with judicial pronouncements, if any, for the purpose of claiming regularization. If such representation is submitted within a period of eight weeks from the date of receipt of this order, in that event, the concerned respondent is hereby directed to decide the petitioner's representation at the earliest. (P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date