Shambhu Prasad Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.633 of 2018 In Civil Writ Jurisdiction Case No.20518 of 2016 ====================================================== Braj Kishore Tiwary Son of Late Rajdeo Tiwary, Resident of VillageGonauli, P.O. Champapur Gonauli, District West Champaran. At present Resident of Village- Narainapur, Ward No. 6, P.O. Narainpur, P.S. Bagha, District- West Champaran. ... ... Appellant/s

Versus

1.

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

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The Collector, West Champaran, Bettiah.

5.

The Sub Divisional Officer, Bagha, West Champaran. ... ... Respondent/s ====================================================== with Letters Patent Appeal No. 629 of 2018 In Civil Writ Jurisdiction Case No.20587 of 2016 ====================================================== Shambhu Prasad Sah Son of Late Ram Das Ram, resident of VillageNarainapur, Near Vyapar Mandal, Ward No. 5, P.O. Narainpur, P.S. Bagha, District- West Champaran. ... ... Appellant/s

Versus

1.

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

The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The Collector, West Champaran, Bettiah.

5.

The Sub Divisional Officer, Bagha, West Champaran. 6.

Anchala Adhikari, Bagha Anchal II Bagha, District West Champaran. ... ... Respondent/s ====================================================== Appearance :

(In Letters Patent Appeal No. 633 of 2018) For the Appellant/s :

Mr. Lala Sachindra Kumar, Adv.

For the Respondent/s :

Mr. Sanjay Kumar Ghosarval, AC to AAG 3.

(In Letters Patent Appeal No. 629 of 2018) For the Appellant/s :

Mr. Lala Sachindra Kumar, Adv For the Respondent/s :

Mr. Ajay Kumar Sharma, AC to AG.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

Patna High Court L.P.A No.633 of 2018(5) dt.03-02-2020 2/2 ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 03-02-2020 Heard the learned counsel for the appellants and the respondents.

In the present case, admittedly, the appellants have not completed five years service preceding 11.12.1990. Claim has been made that they have completed five years of service after aforesaid date. Earlier there was a scheme for regularization giving cut off date of 1985 under fresh scheme the date has been extended and made 11.12.1990 for regularization. Admittedly, the appellants do not satisfy stipulation made under the scheme as the appellants have worked five years after cut off date. However, counsel for the appellants has produced Government Circular dated 02.02.2018 but this does not apply to the present case as the same is applicable to those persons were working in the Board/ Nigam/Society have been sent on deputation.

We do not find any error in the order under appeal. Accordingly, the same is dismissed.

(Shivaji Pandey, J) devendra/- ( Anjani Kumar Sharan, J) U