Anand Kumar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2436 of 2015 ====================================================== Anand Kumar Ray S/o Ram Khelawan Ray Resident of Village-Bhirha, P.S.-Rosera, District-Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar, through the Secretary North Bihar Power Distribution Company Ltd. Patna.

2. The Chairman, North Bihar Power Distribution Company Limited Patna.

3. The Secretary North Bihar Power Distribution Company Limited Patna.

4. General Manager-cum-Chief Engineer, Mithila Electric Supply Area, Darbhanga.

5. Electrical Superintending Engineer, Electrical Supply Circle, Samastipur.

6. Executive Engineer, Electric Supply Division, Rosera.

7. Assistant Engineer Electric Supply Division, Rosera, Samastipur.

8. The Secretary Energy Dept.

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

For the Petitioner/s : Mr. Prem Prakash Poddar, Adv. For the Respondent/s : Mr. Satyadeo Kumar, SC5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 10-02-2015 Heard learned counsel for the parties.

Having heard learned counsel for the parties, this Court is absolutely clear that there would be no question of regularizing the service of the petitioner only because for sometime he had worked as Bill Distributor in the erstwhile establishment of the Electricity Board, inasmuch as, he had never been appointed either on a permanent post or after following the mandate of Article 14 & 16 of the Constitution of India. What would really go against the petitioner, so far it relates to the relief

Patna High Court CWJC No.2436 of 2015 (2) dt.10-02-2015 of regularization is concerned is that in the new set up of the Board, the work of Bill Distributor is no longer being done by the employees rather that has been handed over to the franchisee. In that view of the matter, while this Court is not inclined to entertain this writ application, so far the main relief of regularization is concerned, nothing said in this order shall come in the way of the petitioner in claiming any due amount of his remuneration for the work done by him as a Bill Distributor. With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U