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Patna High CourtCWJC/18863/2008disposed

Satya Narayan Bhagat v. The State Of Bihar And ORS

2018-01-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18863 of 2008 =========================================================== Satya Narayan Bhagat, son of late Dashrath Bhagat, resident of Village Baljora, P.S. Triveniganj, Dist. Supaul, presently functioning as Jeep Driver in Work Charge Establishment under the Executive Engineer, Public Work Department, Supaul Division, Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Secretary, Department of Road Construction Department, Government of Bihar, Patna

3. The Engineer-in-Chief-cum-Additional Commissioner-cum-Special Secretary, Road Construction Department, Government of Bihar, Patna.

4. The Deputy Secretary, Road Construction Department, Government of Bihar, Patna.

5. The Chief Engineer (Yatayat), North Bihar, Road Construction Department, Darbhanga.

6. The Superintendent Engineer, Road Construction Department, Saharsa Path Anchal, Saharsa.

7. The Executive Engineer, Road Construction Department, Path Pramandal, Saharsa.

8. The Executive Engineer, Path Pramandal, Supaul.

9. The Junior Engineer, Road Construction Department, Path Pramandal, Section1, Supaul.

10. The Assistant Engineer, Road Construction Department, Path Awar Pramandal, Supaul.

11. The District Magistrate, Supaul.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. A.K.Mallick, Adv. For the Respondent/s : Mr. P.K. Verma, AAG-3 Mr. Ujjwal Kumar Singh, AC to AAG-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-01-2018 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner has claimed that he has entered in the service on daily wages Mazdoor on 1.3.1982 up to 27.11.1986, later one he was brought to the Work Charge

Patna High Court CWJC No.18863 of 2008 dt.11-01-2018 Establishment on 30.6.1989, a claim has been made that the Government has framed scheme and, under the scheme, those who worked preceding five years and each year he has completed 240 days up to 21.10.1984, his case will be considered for regularization. The date was again enhanced to 11.12.1990 by the notification issued in the year 2006 but, it is a fact that the case of the petitioner was not considered for regularization for ever.

In that view of the matter, let the petitioner should file a proper representation to the Chief Engineer, North Bihar Road Construction Department, Darbhanga who will call for the records of the petitioner and will consider the claim of the petitioner and take a decision in accordance with law.

If the Chief Engineer intends to take an adverse opinion against the petitioner, he will be obliged to give an opportunity of hearing to the petitioner.

With the aforementioned observation and direction, this writ application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date18.01.2018 Transmission Date NA