Hemant Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20925 of 2012 ====================================================== 1.
Hemant Kumar, S/O Shri Gajanand Thakur R/O Sipahi Tola, Chunapur Road, Gali No. 09 Basant Kunj, Purnea, P.S. Khajanchi Hat, Distt.- Purnea 2.
Gaurav Kumar S/O Shri Narendra Narayan Singh R/O Court Station Road Purnea, P.S. Khajanchi Hat, Distt.- Purnea ... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Panchayati Raj Govt. of Bihar 2.
The Principal Secretary, Finance Department, Govt. Of Bihar, Patna 3.
The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad Purnea 4.
The Chairman, Zila Parishad Purnea ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Singh, Advocate For the State :
Mr. Vinay Kirti Singh, GA 2 Mr. Venkatesh Kirti, AC to GA 2 Mr. Rajan Prakash, AC to GA 2 For the Respondent No.3:
Mr. Mukul Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2024 Heard Mr. Suman Kumar Singh, learned counsel appearing on behalf of the petitioners; Mr. Vinay Kirti Singh, learned GA 2 along with Mr. Venkatesh Kirti and Mr. Rajan Prakash, learned ACs to GA 2 for the State and Mr. Mukul Prasad, learned counsel for the respondent no.3.
2. Petitioners have inter alia prayed for following reliefs in the paragraph No.1 of the writ petition:- "That by this writ application the petitioners crave indulgence of this Hon'ble Court to issue a writ/writs Rule/Rules and direction/directions to the respondents to
Patna High Court CWJC No.20925 of 2012(7) dt.10-09-2024 2/3 consider the case of the petitioners for regularization of their services in the regular establishment of Zila Parishad, Purnea, who are serving as computer operators which is equivalent to the post of assistant with all others consequential benefits attached with the post within a reasonable period.
And any other relief or reliefs for which the petitioners be found entitled in law be granted to them."
3. Learned counsel appearing on behalf of the petitioners informs that petitioners are working as Computer Operator since 2006 continuously and their case for regularization is required to be considered in light of the subsequent development, which has taken place at the level of the Government, which is contained in Memo No.2324 dated 12.03.2024 (Annexure A to counter affidavit). He further submitted that for the district of Purnia, three posts have been created and the petitioners having fulfilled all the requisite criteria, become entitled for being absorbed on the said post.
4. Leaned counsel appearing on behalf of the respondents no.3 and 4 informs that so far as petitioner no.1 is concerned, he is working, whereas petitioner no.2 has left the job and, as such, the case of the petitioner no.1 will be considered in light of the government decision, contained in Memo No.2324 dated 12.03.2024.
5. Considering the rival submissions made on behalf
Patna High Court CWJC No.20925 of 2012(7) dt.10-09-2024 3/3 of the parties, as well as, the decision of the Government contained in Memo No.2324 dated 12.03.2024, I find it proper to direct the Executive Officer, Purnea Zila Parishad to act upon in accordance with law to redress the grievance of the petitioners by considering their case for their regularization, as till date, work is being taken from the petitioners on contract basis, expeditiously, considering the fact that present writ petition is pending since 2012 and the Government has also taken policy decision.
6. The writ petition is, accordingly, disposed of. (Purnendu Singh, J) Sanjay/- U