Ram Sewak Prasad And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1583 of 2013 ======================================================
1. Surendra Singh S/O Sri Ram Ekbal Singh Resident Of Village- Tarara, P.O. + P.S.- Maker, District- Chapra
2. Harendra Prasad Singh S/O Sri Ram Lakhan Singh Resident Of VillageSandha Khamaja, P.O.- Sandha, P.S.- Mufassil Chapra, District- Chapra
3. Shatrughan Prasad S/O Sri Bishwanath Pandit Resident Of VillageIsmail Chak, P.O.- Govind Chak, P.S.- Sonapur, District- Chapra .... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretary To Govt. Public Health Engineering Department, Bihar, Patna, Bisheshwaraiya Bhawan, Bailey Road, Patna
2. The Chief Engineer (Mechanical), Phed, Bihar, Patna Bisheshariya Bhawan, Bailey Road, Patna
3. The Superintending Engineer, Public Health Engineering Chapra Circle, Chapra
4. The Executive Engineer, Public Health Division, Chapra, DistrictChapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.5844 of 2013 ======================================================
1. Ram Sewak Prasad S/O Sri Shiv Prasad Resident Of Village - Amawan, P.O. - Ghati, P.S. - Ghati, District - Dewaria (Up)
2. Suresh Prasad S/O Sri Indra Ray Resident Of Makhdumpur , P.O. And P.S. - Digha Ghat, District - Patna
3. Om Prakash Singh S/O Sri Ram Janam Singh Resident Of Village - Bagahi, P.O. - Kopa Samheta, P.S. - Kopa, District - Chapra (Saran)
4. Tribhuwan Singh S/O Sri Ramprit Singh Resident Of Village - Kothia, P.O. - Kothia, P.S. - Jalalpur, District - Chapra (Saran) .... .... Petitioner/s
Versus
1. The State Of Bihar Through Its Principal Secretary To Govt. Public Health Engineering Department, Bihar, Patna, Bisheshwariaya Bhawan, Bailey Road, Patna
2. The Chief Engineer (Mechanical), Phed, Bihar, Patna, Bisheshariya Bhawan, Bailey Road, Patna
3. The Superintending Engineer, Public Health Engineering Chapra Circle, Chapra
4. The Executive Engineer, Public Health Division, Chapra, District - Chapra .... .... Respondent/s ====================================================== Appearance :
(In CWJC No.1583 of 2013)
For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Shailendra Kumar Jha, AC to Aag13 (In CWJC No.5844 of 2013) For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP 2 ======================================================
CORAM:
HONOURABLE MR.
JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 10-12-2015 Both the writ applications have been taken together for disposal as the issues involved in these writ applications are common.
The petitioners seek direction upon the respondents to consider their claim for regularization under worked charge establishment. They submit that they have rendered long period of service in the organization.
I find that the issue of regularization in respect of similarly situated persons was subject matter of adjudication in C.W.J.C. No.7211 of 2013, decided on 16.5.2013. Another writ application bearing C.W.J.C. No.22531 of 2012 (Alakh Prasad vs. State of Bihar & Ors) was disposed of on 11.3.2014 in light of the direction contained in order dated 16.5.2013 passed in C.W.J.C. No.7211 of 2013. While disposing of the C.W.J.C. No.22531 of 2012, this court observed that after passing of the order dated 16.5.2013, passed in C.W.J.C. No.7211 of 2013, a policy decision was taken as contained in letter No.925, dated 16.11.2013 issued by the Engineer-in-Chief-cum-Special Secretary, PHED,
Government of Bihar, Patna. This Court further observed that the parameters laid down in that scheme or communication addressed to all the Executive Engineers will be taken into consideration, if an application is filed by the petitioners for their regularization. In the circumstances, these two writ applications are disposed of in terms of order dated 11.3.2014 passed in C.W.J.C. No.22531 of 2012.
(Samarendra Pratap Singh, J) KHAN/- U