Patna High CourtCWJC/15920/2016disposed

Ramadhar Rai v. The State Of Bihar And ORS

2018-05-29Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15920 of 2016 ====================================================== Ramadhar Rai, Son of Late Rameshwar Rai, resident of village - Vishawnathpur, P.S. Dumra, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary General and Administration Department, Govt. of Bihar, Patna.

2. The District Magistrate, Sheohar.

3. The District & Sessions Judge, Sheohar

4. The Additional District Magistrate, Sheohar

5. The District Prosecutor officer, Sheohar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Respondent/s : Mr. Saroj Kumar, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 29-05-2018 Heard learned counsel for the parties.

The petitioner claims to be working as a Sweeper in the Civil Court at Sheohar. He prays for regularisation against a Class IV post inter alia on grounds that he has been working as a sweeper in the Civil Court at Sheohar since last more than ten years albeit on daily wage basis. It is simply on grounds of continuity of service as a daily wager that the writ petition has been filed for absorption.

Having heard learned counsel for the parties and considering the nature of relief prayed, I deem it proper to dispose of the writ petition with a liberty to the petitioner to raise his claim before the District and Sessions Judge, Sheohar

Patna High Court CWJC No.15920 of 2016 (2) dt.29-05-2018 and in case the petitioner is found working as a sweeper in the Civil Court, Sheohar since last 10 years as claimed by him, let his claim be considered for such appointment as and when any appointment process is initiated for filling up of the Class IV post of sweeper by giving the petitioner the benefit of age relaxation.

The writ petition is disposed of with the direction aforementioned.

(Jyoti Saran, J) SKPathak/Ragini U