← Library
Patna High CourtCWJC/17880/2019dismissed

Alimudin v. The State Of Bihar

2019-10-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17880 of 2019 ====================================================== Alimudin S/o Late Gulampir Khan Resident of North Mohalla, Ward No. 17, Durga Sthan, Police Station- Bhabua, Distt.- Kaimur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Minor Water Resources Department, New Secretariat, Patna-800015 2.

The Principal Secretary Minor Water Resources Department, New Secretariat, Patna-800015 3.

The Additional Secretary Minor Water Resources Department, New Secretariat, Patna-800015 4.

The Chief Engineer Minor Water Resources Department, New Secretariat, Patna-800015 5.

The Executive Engineer Minor Water Resources Department, Bhabua Division, Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Respondent/s :

Mr.Chitranjan Sinha (PAAG-2) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the parties.

2. The petitioner is seeking a direction to the State respondents to regularize his services as Jeep Driver as according to him, he has worked as such in the Department of Minor Irrigation, Bhabua Division, Bhabua since 01.03.1982 on daily wage basis. The petitioner has attained the age of 59 years, 9 months and 23 days. He had earlier approached this Court by filing a writ application, giving rise to CWJC No.17375 of 2016, which was dismissed as withdrawn by an

Patna High Court CWJC No.17880 of 2019(3) dt.24-10-2019 2/2 order dated 30.05.2019.

3. Learned counsel appearing on behalf of the petitioner has submitted that withdrawal of earlier writ application may not be a ground for refusal of the relief sought for, in the writ application for the reason that the petitioner had not instructed his learned counsel to withdraw the writ application.

4. In any view of the matter, I am not inclined to entertain this writ application in the absence of any material to show that the petitioner's initial engagement was an irregular engagement and not an illegal engagement. Secondly, the petitioner has also attained the age of 59 years, 9 months and 23 days.

5. For the aforesaid reasons, this application is dismissed.

(Chakradhari Sharan Singh, J) arun/- U