Mukesh Kumar Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1884 of 2014 =========================================================== Mukesh Kumar Das S/O Sri Doman Das Resident Of Village- Masudanpur, Panchayat, Bhawanipur Block- Balia, District- Begusarai. .... Petitioner

Versus

1. The State Of Bihar through the Secretary Department Of Welfare, Government Of Bihar, Patna.

2. The District Magistrate, District- Begusarai.

3. The Sub Divisional Officer, Balia, District- Begusarai.

4. The District Welfare Officer, Begusarai.

5. The Circle Officer, Balia, District- Begusarai.

6. The Block Welfare Officer, Balia, District- Begusarai.

7. The Block Development Officer, Balia, District- Begusarai.

8. Sri Dinesh Ram S/O Sri Ramchandra Ram Resident Of Village- Masudanpur, Block- Balia, District- Begusarai. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. CHANDAN KUMAR KASHYAP, ADV. For the Respondent/s : Mr. B .J. VERMA, G.P.-17 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 31-03-2015 Writ petition is dismissed, as it is not maintainable, looking at the nature of the engagement of the petitioner. Since he is neither a holder of a civil post under the State nor it is a contract of service. Engagement of petitioner was a contract for service so the decision does not warrant exercise of discretion under Article 226 of Constitution of India in given facts.

(Ajay Kumar Tripathi, J.) Vats/- U