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Patna High CourtCWJC/21005/2013disposed

Murari Lal Sah And ORS v. The State Of Bihar And ORS

2018-04-03Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21005 of 2013 ======================================================

1. MURARI LAL SAH SON OF LATE JAGESHWAR SAH RESIDENT OF VILLAGE - SARKANDA, P.O. AND P.S. GODDA TOWN, DISTRICT GODDA, AT PRESENT WORKING AT MANDAL KARA CHAIBASA ( WEST SINGHBHOOM )

2. UMESH PASWAN SON OF LATE RITLAL PASWAN RESIDENT OF VILLAGE - DEWARIPUR, P.O. AND P.S. TILKA MANJHI, DISTRICT - BHAGALPUR AT PRESENT WORKING MANDAL KARA GODDA

3. JANARDHAN PRASAD SON OF LATE DEO NANDAN PRASAD RESIDENT OF VILLAGE - RAJABAD, P.O. AND P.S. CHANDI, DISTRICT NALANDA, AT PRESENT WORKING MANDAL KARA, DEOGHAR

4. SATYENDRA KUMAR RANA SON OF LATE RAMESHWAR LAI RESIDENT OF VILLAGE - TILKA MANJHI, P.O. AND P.S. TILKA MANJHI, DISTRICT - BHAGALPUR, AT PRESENT WORKING MANDAL KARA, JAMTARA

5. RAM VINAY SHARMA BALESHWAR SHARMA RESIDENT OF DEHUNI, P.O. GOLA KHAPUR DEHUNI, P.S. GHOSHI, DISTRICT - JEHANABAD ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Home Department, Government Of Bihar, Old Secretariat, Patna

3. The Inspector General Of Prison, Bihar, Patna

4. The Superintendent, Central Jail Bhagalpur, District Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra For the Respondent/s :

Mr. Namrta Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 03-04-2018 This writ petition under Article 226 of the Constitution of India has been filed for regularization of the petitioners on their respective post of Warden from the date of their initial appointment.

2. Petitioners were appointed as Temporary Wardens in

Patna High Court CWJC No.21005 of 2013 dt.03-04-2018 2/3 the year 1984 and a circular was issued by the Government that such temporary Wardens shall not be removed from service. The petitioners have been posted at different places within the State of Bihar. Jail Superintendent, Bhagalpur passed an order dated 16.01.1994 for regularizing the services of the Wardens which included names of petitioners also subject to approval of I.G. Prison. The Inspector General of Police constituted a Selection Committee. The petitioners are posted in the State of Jharkhand and their case for regularization is not being considered, as petitioners remained in the State of Bihar for a period from 1984 to 2000.

3. It has been submitted on behalf of the petitioners that their case is fully covered by C.W.J.C. No. 16376 of 2011 order dated 18.05.2012 as well as order dated 26.03.2018 passed in C.W.J.C. No. 8014 of 2015 and case of petitioner may be disposed of on the same terms and conditions.

4. The writ petition is disposed of in terms of order dated 26.03.2018 passed in C.W.J.C. No. 8014 of 2015 (Randhir Kumar Raman and others Versus State of Bihar) with a direction to respondent No. 3 to consider the claim of petitioners in terms of order passed as referred above, and pass a reasoned and speaking order in accordance with law within a period of eight

Patna High Court CWJC No.21005 of 2013 dt.03-04-2018 3/3 weeks from the date of receipt/production of a copy of this order.

5. This writ petition stands disposed of.

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