Krishna Nand Tripathy And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15366 of 2012 ====================================================== 1.
Krishna Nand Tripathy Son Of Late Lalan Tripathy Resident Of Village And Post- Ramshahar, Police Station- Barahara, District- Bhojpur 2.
Kul Shekhar Singh Son Of Late Janardan Singh Resident Of VillageMokhalisha, Police Station- Kailawar, District- Bhojpur 3.
Triveni Singh Son Of Late Sheo Pujan Singh Resident Of Village- Birampur, P.S. Koilwar, District- Bhojpur 4.
Vijay Kumar Pandey Son Of Late Sheo Prasad Pandey Resident Of VillageSanddiya, P.S. Ara Muffasil, District- Bhojpur 5.
Rash Bihari Singh Son Of Late Devi Dayal Singh Resident Of VillageGobind Tola, Police Station- Piro, District- Bhojpur 6.
Rajendra Prasad Son Of Late Hanuman Prasad Singh Resident Of VillageIbrahimpur, Police Station- Ara Town, District- Bhojpur 7.
Krishna Deo Prasad Son Of Late Sheo Deep Prasad Resident Of VillageSarangpur, P.S. Ara Muffasil, District- Bhojpur 8.
Bishwa Nath Prasad Son Of Late Radha Prasad Resident Of VillageDhamar, Police Station- Ara Muffasil, District- Bhojpur 9.
Lalji Ram Son Of Late Shri Krishna Ram Resident Of Village- Aupam Ke English, Police Station- Krishna Garh Bardhara, District- Bhojpur 10.
Brij Bihari Singh Son Of Late Sita Ram Singh Resident Of VillageMatiyara, P.S. Koilawar, District- Bhojpur 11.
Ramyash Prasad Son Of Late Jay Ram Mahto Resident Of VillageBirampur, P.S.-Koilwar, District- Bhojpur 12.
Ram Raj Chaudhari Son Of Late Sukhdeo Chaudhari Resident Of VillageBakari, Police Station- Udawant Nagar, District- Bhojpur 13.
Dwarika Prasad Son Of Late Khedu Sah Resident Of Village- Haridiya, Police Station- Jagdishpur, District- Bhojpur 14.
Ramdhani Prasad Son Of Late Jay Kumar Ram Resident Of VillageBirampur, Police Station- Koilawar, District- Bhojpur... ... Petitioner/s
Versus
1.
The State Of Bihar through the Chief Secretary, Government Of Bihar, Patna 2.
The Principal Secretary-Cum-Commissioner, Department Of Finance, Government Of Bihar, Patna 3.
The Principal Secretary To The Government, Water Resource Development, Government Of Bihar, Patna 4.
The Special Secretary, Department Of Water Resource Development, Government Of Bihar, Patna 5.
The Director, Revenue Administration, Water Resource Development Department, Government Of Bihar, Patna 6.
The Chief Engineer, Dehri Water Resources Department, Dehri On Sone, Rohtas
Patna High Court CWJC No.15366 of 2012(4) dt.04-03-2024 2/3 7.
The Executive Engineer, Sone Canal Division, Ara 8.
The Executive Engineer Sone Canal Division, Buxar 9.
The Executive Engineer Sone Canal Division, Bhabhua 10.
The Executive Engineer Sone Canal Division, Patna 11.
The Deputy Collector Soan Canal, Revenue Division, Ara. ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Makardhwaj Upadhyay, Advocate For the Respondent/s :
Mr.S.D.Yadav, AAG-9 : Mr.Anil Kumar Verma, A.C. to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioners and learned counsel appearing for the State.
2. The present writ application has been filed for the following reliefs:
(i) For commanding the respondents to declare that the Seasonal Revenue Sangrahak who have worked or have been working as such, including the petitioners to be under permanent establishment of the government for the reason that undisputedly their work are permanent and perennial in nature right from the date of inception of the post and particularly in the facts and circumstance that the petitioners have been working as a Revenue Sangrahak for more than 20 years in the department board.
(ii) For commanding the respondents to likewise the services of the petitioners by absorbing them either as Revenue Sangrahak or on any equivalent post in any other department as
Patna High Court CWJC No.15366 of 2012(4) dt.04-03-2024 3/3 have been done in respect to surplus staffs of census, several corporation etc. and allow them their salary in regular ways structure as are given to a permanent employee of the State of Bihar and pay them the arrears of salary etc. with effect from an appropriate date.
(iii)For holding that the State being a model employer and having taken a policy decision that the State will absorb the surplus staffs and/or all such staffs should have been working on daily wages/casual/adhoc basis for more than 240 days up to a number date of year 1990.
3. It appears from the pleading of the writ application that the petitioners have not mentioned the date of their initial engagement in the Department and there is only bald statement that all the petitioners have been appointed and working as such post of last twenty years and even the petitioners have not annexed any paper which supports their claim that the petitioners are working in the Department.
4. In view of the aforesaid, there is no merit in the writ application. Accordingly, it is dismissed. (Rajesh Kumar Verma, J) Nitesh/- U