Sarun Kumar @ Sarun Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20426 of 2021 ====================================================== Sarun Kumar @ Sarun Kumar Ram Son of Late Munna Ram Resident of Village- Purvi Dahiyaba Jagdamba Road, Police Station- Town Chhapra, District- Saran (Chapra).
... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Home Department, Government of Bihar, Patna.
2.
The Director of Prosecution, Prosecution Directorate to Government of Bihar, Patna.
3.
The Assistant Director, Prosecution Directorate, Government of Bihar, Patna.
4.
The Deputy Secretary, Home and Public, Government of Bihar, Patna. 5.
The Director, Prosecution Directorate, Old Secretariat, Government of Bihar, Patna.
6.
The District Magistrate, Patna.
7.
The District Prosecution Officer, Patna.
8.
The Sub Divisional Officer, Prosecution Office, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar Singh For the Respondent/s :
Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 06-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:
"That the present application is being filed for issuance of a writ in the nature of mandamus directing the respondents to regularize the services of the Petitioner on a regular post of Class-IV employee and for direction to pay the petitioner a salary of basis pay scale of a Class-IV worker and for also directing the respondent. The petitioner be paid the arrears of payment for the work on the basis of equal pay
Patna High Court CWJC No.20426 of 2021 dt.06-01-2022 2/2 equal work principal and for all consequential benefits for his continuous service."
3. Short question for consideration in the present petition is whether petitioner is entitled to be regularized against Class IV employee or not? The petitioner is stated to have been appointed on ad hoc basis in the year 1995 @ of Rs. 30 per day. In the light of these facts and circumstances and Apex Court decision in the case of Secy., State of Karnataka and Others vs. Uma Devi reported in (2006) 4 SCC page 1 read with full bench decision of this Court in the case of Ram Sevak Yadav and Another vs. The State of Bihar and Others in C.W.J.C. Nos. 267 and 472 reported in 2013 (1) PLJR 964, the concerned appointing authority is hereby directed to take note of petitioner's service particulars and decide whether he is entitled to be regularized against one of the Class IV post or not?
4. Such decision shall be taken while passing a speaking order within a period of four months from the date of receipt of this order.
5. Accordingly, writ petition stands disposed off. (P. B. Bajanthri, J) GAURAV S./- AFR/NAFR CAV DATE Uploading Date 12.01.2022 Transmission Date