Musafir Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16772 of 2008 =========================================================== Musafir Ram s/o Late Bhagirath Ram, r/o at Panch Mandir, R-Block, Sarpentine Road, P.O.-G.P.O. P.S. - Secretariat, District & Town - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna

2. The Secretary, The Department of Personnel and Administrative Reforms, Government of Bihar, Old Secretariat, Patna

3. The Under Secretary to the Government, Department of Personnel and Administrative Reforms, Government of Bihar, Old Secretariat, Patna

4. The Secretary, The Department of Building Construction, Government of Bihar, Vishweshwaraiya Bhawan, Secretariat, Patna

5. The Chief Engineer, Department of Building Construction, Government of Bihar, Vishveshwaraiya Bhawan, Patna

6. The Superintending Engineer, South Bihar Circle, Department of Building Construction, Punaichak, Patna

7. The Executive Engineer, Patliputra Building Division, near Patna High Court, Patna

8. Sub-Divisional Officer, R-Block, Building Sub-Division, Patna

9. The Collector-cum-District Magistrate, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. NITYANAND MISHRA, Adv. For the Respondent/s : Mr. Ranjan Kumar Singh (AC to PAAG2) =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 07-02-2017 Heard both sides.

The petitioner seeks quashing of the order dated 30.09.1996, as contained in Memo No. 1272 at Annexure-6 by which the petitioner was terminated from the daily wages service working as Sweeper.

Learned counsel for the petitioner submits that the Government has taken resolution on 10.05.2005 issued under the

Patna High Court CWJC No.16772 of 2008 dt.07-02-2017 2/2 signature of Personnel and Administrative Reforms Department, Government of Bihar to regularize the service of such daily wages employees who were working till 11.12.1990. The service of the petitioner was terminated in the year 1996. The petitioner was firstly, working in the Central Division on daily wages, thereafter, the petitioner was transferred to work on daily wages in Patliputra Division of the Building Construction Department. The name of the petitioner appears at Sl. No. 11 in the list, but service of the petitioner was not regularized.

I do not find any merit in this case, as the petitioner was retrenched on 30.10.1996, and the petitioner filed the writ petition only after twelve years of his retrenchment. Accordingly, the writ petition is dismissed.

The petitioner may, if so advised, file representation before the authority concerned, and the authority shall consider the case of the petitioner, on its own merit.

(Prabhat Kumar Jha, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA