Md. Sarbar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 6712 of 2014 ====================================================== 1 Md Sarbar (Godown Watchman), son of late Abdul Mazid, resident of Village - North Bakhtiyarpur (Basti), Police Station - Simari Bakhtiyarpur, District - Saharsa 2 Vijay Bahadur Singh (Roadroller Driver), son of late Ramashish Singh, resident of Village - Pandura, PO - Pandura Rampur, Police Station - Sandesh, District - Bhojpur (Ara) 3 Md Mansur Alam Ansari (Roadrollder Driver), son of late Moinuddin, resident of Village and Post - Bachouta, Police Station - Morkahi, District - Khagaria, at present resident of Village and Post - Choti Jhitkiya, Police Station - Maheshkunt (Gogari) 4 Om Prakash Yadav (Roadroller Conductor), son of Yamuna Prasad Yadav, resident of Village and PO - Dedhpura, Via - Jandaha, Police Station - Mahnar, District - Vaishali ... ... Petitioner/s
Versus
1 The State Of Bihar 2 The Chief Secretary, Government of Bihar, Patna 3 The Principal Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna 4 The Principal Secretary, Finance Department, Government of Bihar, Patna 5 The Principal Secretary, Rural Works Department, Government of Bihar, Patna 6 Under Secretary, Finance Department, Government of Bihar, Patna 7 Deputy Secretary, Rural Works Department, Government of Bihar, Patna 8 The Engineer-in-Chief, Rural Works Department, Government of Bihar, Patna 9 The Executive Engineer, Rural Works Department, Khagaria Division, Khagaria 10 The Executive Engineer, Rural Works Department, Saharsa Division, Saharsa ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Verma For the Respondent/s :
Mr.Sc15- Ajeet Pratap Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.
Petitioners claim to be working as work charge
Patna High Court CWJC No.6712 of 2014(6) dt.17-06-2019 2/3 employees up till 14.11.2014 on which day they were removed from the service.
Admitted position is that the petitioners were placed in the work charge establishment after 11.12.1990. Learned counsel for the petitioners, having regard to the statements made in the counter affidavit filed on behalf of respondent No 6, at paragraph 11 thereto, as also placing reliance on Annexure C which is Resolution dated 17.10.2013, submits that the petitioners will approach the competent authority in support of their claim for regularization and that the same has to be considered as per Annexure 6.
In view of the said submission and since consideration has to be done by the respondents themselves, keeping the writ petition pending would serve no useful purpose. Writ petition is disposed of.
Petitioners would be at liberty to submit their claim before respondent No 5, within a period of four weeks from today.
In the event, such claim is made, needless to say, petitioners' case has to be considered as per the extant provisions and in accordance with law.
Such claim should be considered expeditiously and
Patna High Court CWJC No.6712 of 2014(6) dt.17-06-2019 3/3 without any undue delay.
(Madhuresh Prasad, J) M.E.H./- U