Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 24567 of 2019 ====================================================== 1.

Akhilesh Kumar Singh Son of Kripa Singh, Resident of Village- Majuraha Khapi Tola, P.O. Motihari Court, P.S. Turkoliya, District- East Champaran, Motihari.

2.

Vinod Rai @ Vinod Yadav, Son of Kodo Yadav, Resident of VillageAhirgawa, P.S. Harsidhi, District- East Champaran, Motihari,. 3.

Rameshwar Thakur, Son of Makhan Thakur, Resident of VillageDhekha,P.S. Kesharia, District- East Champaran, Motihari. 4.

Lal Babu Kumar @ Lal Babu Ram, Son of late Ram Awtar Ram, Resident of Gandak Colony, P.S. Motihari Town, District- East Champaran, Motihari. 5.

Jitendra Kumar Yadav, Son of Ramchandra Yadav, Resident of VillageManglapur, P.S. Sangrampur, District- East Champaran, Motihari. 6.

Shivji Prasad Yadav, Son of Mohilal Prasad Yadav, Resident of VillageSonarapur, P.S. Kesharia, District- East Champaran, Motihari. 7.

Shibu Kumar, Son of Parash Sah, Resident of Village- Tikaita, P.S. Turkoliya, District- East Champaran, Motihari. 8.

Vijay Kumar, Son of Suresh Kamati, Resident of Village- Godwar, P.S. Moro, District- Darbhanga.

9.

Horil Patel, Son of Vishwanath Patel, Resident of Village- Purwari Pakari, P.S. Dumaria Ghat, District- East Champaran, Motihari. 10.

Jagdamba Prasad Son of Banwari Prasad, Resident of Village Rampur, P.S.- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Personnal and Administrative Reforms Department, Govt. of Bihar, Patna. 2.

The Principal Secretary, Personnel and Administrative Reforms Department, Govt. of Bihar, Patna.

3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, East Champaran , Motihari. 5.

The Executive Engineer, Flood Control Division, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Md. N. H. Khan ( Sc1 ) ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-02-2020 The petitioners have approached this Court seeking a

Patna High Court CWJC No.24567 of 2019(2) dt.04-02-2020 2/3 direction that their claim for regularization be considered by the respondent-Authorities. The petitioners' counsel places reliance on Annexure 4 series to submit that their working has been certified by the Sub Divisional Officer, Flood Control Division, Motihari and, therefore, this Court should issue a direction for their regularization.

Learned State Counsel points out from Annexure 4 series that the documents are at best containing some details of works performed by the petitioners for certifying their existence in the ad hoc/part time establishment of the office. At present, the petitioners have not placed on record that any process of regularization is being conducted or that others have been considered ignoring their claim.

The writ petition, as per submission of the learned State Counsel, is premature. As and when an exercise is undertaken for regularization, the petitioners' claims, needless to say, would be considered in accordance with law. In view of the said submission, this Court does not find any reason to issue any direction in favour of the petitioners' consideration.

The writ petition is disposed of.

It would, however, be open to the Authorities to

Patna High Court CWJC No.24567 of 2019(2) dt.04-02-2020 3/3 consider the petitioners' claim as per their entitlement in accordance with law, in future.

(Madhuresh Prasad, J) M.E.H./- U