Sant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15574 of 2024 ====================================================== Sant Kumar Singh Son of Late Ram Pravesh Singh Resident of Village Badhamua, P.O. Bela, P.S. Dariyapur, District Chapra (Saran). ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Chief Secretary, Bihar, Patna. 2.

The Commissioner, Saran, P.O. + P.S. + Dist. - Saran. 3.

The District Officer, Saran, P.O. + P.S. + Dist. - Saran. 4.

The Sub-Divisional Officer, Sonepur, P.O. Sonepur, Dist. Saran. 5.

The Block Development Officer, Dariyapur, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Prasad Sinha, Advocate For the State :

Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-10-2024 Heard Mr. Durgesh Prasad Sinha, learned counsel appearing on behalf of the petitioner and Mr. Manoj Kumar, learned AC to GP-4 appearing on behalf of the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, the following relief(s), which is reproduced hereinafter:- "(i) Your lordships may be pleased to issue a writ in the nature of mandamus commanding and directing the respondents to continue the service of the petitioner. (ii) Your lordships further be pleased to command and direct the respondents to make the service of the petitioner confirmed, permanent and regular.

(iii) Your Lordships further be pleased to issue other appropriate writ or writs, order or orders, direction or directions which your Lordships may find proper to issue in the ends of justice.

(iv) Any other relief or relief(s) which the petitioner may be found entitled in course of hearing of this case, may kindly be granted to him."

Patna High Court CWJC No.15574 of 2024(2) dt.08-10-2024 2/3

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was engaged by the Block Development Officer as jeep driver and in support of the said fact, he has brought on record the certificates issued by the Block Development Officer, Dariyapur, Saran giving details that he was engaged as a private driver of Government jeep from 01.11.2020 to 16.07.2021 and subsequently he was engaged as private driver by the concerned Block Development officer from 20.07.2021 to 10.07.2024. The petitioner was paid a sum of Rs.17,500/- through cheque and one of the cheque has been brought on record to show that the Block Development officer has issued a cheque dated 17.08.2024. The petitioner is aggrieved by the action of the Block Development officer, who all of a sudden stopped taking work from him.

4. Considering the private arrangement between the Block Development officer and the petitioner who has not been able to bring on record any letter of appointment, however, he has shown that he was engaged purely as a private driver to operate government jeep, I will not enter into whether any contingency or any fund is earmarked for such engagement, but considering the fact that the petitioner has claimed that he has not been paid for certain period, he may approach the

Patna High Court CWJC No.15574 of 2024(2) dt.08-10-2024 3/3 District Magistrate, Saran.

5. The District Magistrate concerned must call for the records relating to the petitioner's engagement as a private driver from the Block Development officer, Dariyapur, Saran and if it is found that the petitioner has not been paid for any period, then in that case, he may take a conscious decision to make payment expeditiously.

6. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J.) Mantreshwar/- Ashishsingh/- U