Patna High CourtCWJC/1477/2017disposed

Vikrama Ram v. The State Of Bihar And ORS

2018-03-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1477 of 2017 ====================================================== Vikrama Ram S/o Sri Raghunath Ram R/o Vill. Gorhna, P.S.-Bihta in the District of Patna .... .... Petitioner/s

Versus

1. The state of Bihar through its Principal Secretary, Home (Jail) Department, Govt. of Bihar, Patna

2. The secretary, Home (Jail) Govt. of Bihar, Patna

3. The Inspector General, Prison, and Correctional Services, Govt. of BIhar, Patna

4. The Superintedent of Sub Jail Danapur, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Respondent/s : Mr. S.S. Prasad- Sc 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2018 Heard.

The learned counsel for the parties are in agreement that the case of the petitioner has to be considered in the light of the resolution dated 30.12.2014 passed by the Home Department, Government of Bihar, which is at Annexure-4 to the present petition. It is further agreed that the minority of the petitioner at the initial stage of appointment cannot be held out against him now because his consideration for regularization or appointment, in terms of the advertisement of the year 2017, which is at Annexure-5 to the writ petition, has to be in the context as he stands today, with his long service under the respondents and since his initial minority did not come in his way of continuance. It is further agreed that the law laid down by this Court in the judgment dated 30.1.2015 passed in

Patna High Court CWJC No.1477 of 2017 (2) dt.21-03-2018 2/2 CWJC No. 3710 of 2015 shall apply in the present case. Accordingly, the writ petition is disposed of with a direction to the respondents to consider the case of the petitioner either for regularization or appointment as a Safai Mazdoor in terms of his application, contained in Annexure-6 to the writ petition and take a final decision within a period of two weeks from today.

(Mohit Kumar Shah, J) BTiwary/- U