Dewesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14876 of 2023 ====================================================== Dewesh Kumar son of Surendra Prasad Singh, Resident of Ward No. 06, Sehan, Jalalpur Birbhan. P.O.- Sehan, P.S.- Kathara OP, District- Vaishali, Pin Code-844 112 ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Sugarcane Industries Department, Bihar, Patna 2.

Bihar State Sugarcane Corporation Limited, Bihar, Patna through its Secretary 3.

Managing Director, Bihar State Sugarcane Corporation Limited, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushkar Bhardwaj, Advocate For the State :

Mr. Abbas Haider (SC-6) For the BSSCL :

Mr. Gyan Shankar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2025 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Sugarcane Corporation Limited.

2. The present writ petition has been filed for the following reliefs:- (i) Issuance of a direction, order or writ, including writ in the nature of certiorari quashing the office order dated 30/11/2018 bearing memo no. 129 passed by the Managing Director, Bihar State Sugarcane Corporation Limited, Bihar, Patna (hereinafter referred to as "the

Patna High Court CWJC No.14876 of 2023(3) dt.29-07-2025 2/3 Corporation"), by which the representation of the petitioner for consideration of his case for regularization of his services has been rejected;

(ii) Issuance of a direction, order or writ, including writ in the nature of mandamus commanding the concerned respondent authorities under the Corporation to take steps towards considering the case of the petitioner for regularization of his services and accordingly, extend all the consequential benefits that he may found to be entitled to in accordance with law;

iii) Issuance of a declaration holding that the petitioner is entitled for being considered for regularization of his services in the capacity of Time Keeper under the Corporation and also for grant of other consequential benefits;

(iv) Any other relief that the petitioner may be found to be entitled to in the facts and circumstances of the present case.

3. Learned counsel for the Bihar State Sugarcane Corporation Limited raised preliminary objection and submits that the Corporation has been closed since 1994, its employees have been retrenched, and an Exit Scheme is going on. The

Patna High Court CWJC No.14876 of 2023(3) dt.29-07-2025 3/3 petitioner, who is approximately 70 years old at the time of filing the writ petition, is seeking regularization and payment of arrears. Counsel further submits that, as per calculations, appropriate arrears have already been paid. It is specifically stated in paragraph No. 16 of the counter affidavit filed on behalf of respondent Nos. 2 and 3 that the employees of the Goraul Sugar Factory, in light of the approved Exit Settlement Plan and Revised Exist Plan pursuant to the directions of the Hon'ble Supreme Court of India has concerned, and the same has already been paid to them including the present petitioner.

4. Accordingly, in light of the submissions made by learned counsel for the Bihar State Sugarcane Corporation Limited, no case is made out by the petitioner. Hence, the present writ petition stands dismissed.

(Dr. Anshuman, J.) Aman Kumar/- U