Patna High Court
Rajiv Kumar Singh vs The State Of Bihar on 11 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7721 of 2021
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1. Rajiv Kumar Singh Son of Sarva Nand Singh, resident of Village - Lodipur,
P.S.- Danapur, District - Patna.
2. Ravi Kumar, Son of Surendra Prasad, resident of Gate No. 62, Kurji More,
P.S.- Digha, District - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Science and Technology
Department, Patna.
2. The Principal Secretary, Science and Technology Department, Patna.
3. The Chairman, Bihar Combined Entrance Competitive Examination Board,
I.A.S. Association Building, Near Patna Airport, Patna - 14.
4. The Officer on Special Duty, Bihar Combined Entrance Competitive
Examination Board, I.A.S. Association Building, Near Patna Airport, Patna -
14.
5. The Examination Controller, Bihar Combined Entrance Competitive
Examination Board, I.A.S. Association Building, Near Patna Airport, Patna -
14.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
For the Respondent/s : Mr. Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondents.
3. Counsel for the petitioners is hereby directed to serve
copy of the writ petition to the counsel for the State/respondents
within one week, if it is not already served.
Patna High Court CWJC No.7721 of 2021 dt.11-02-2022
4. In the instant petition, petitioners have prayed for the
following relief/reliefs:
"i. For issuance of an appropriate writ/s, order/s,
Direction/s to the respondents for permitting the petitioners to
continue as daily wage employees in the board till his serve
would be regularized and pay the honorarium of minimum
wages as per government circular.
ii. For issuance of an appropriate writ/s, order/s,
Direction/s to the respondents not to remove service of the
petitioners from the board till permanent employment is made
and / or absrob them as contractual employee in the Board
since persons employed after the petitioners have been
engaged on contractual basis.
iii. For issuance of an appropriate writ/s, order/s,
direction/s to the respondents to pay emoluments / honorarium
to the petitioners at par with others, daily wage workers,
employed either with the petitioners or after their joining.
iv. To pass such other order/orders as your
Lordships may deem fit and proper in the facts and
circumstances of this case."
5. The aforesaid relief is supported by representations
dated 27.03.2014, 04.09.2018, 23.05.2019, 02.09.2019 and
07.11.2019 as is evident from the pleadings and Annexures,
therefore, the competent authority who is empowered to consider
the grievance of the petitioners is hereby directed to decide
petitioners' representations and proceed to pass a speaking order as
to whether petitioners are entitled to the relief sought in the
representations or not?
Patna High Court CWJC No.7721 of 2021 dt.11-02-2022
6. The above exercise shall be completed within a period
of three months from the date of receipt of this order. If the
petitioners are eligible, necessary speaking order shall be passed in
extending service benefits and so also monetary benefits. If the
petitioners are otherwise not eligible, in that regard, necessary
speaking order shall be passed as to why petitioners are not
entitled to the relief read with the representations and
communicated to the petitioners.
7. Accordingly, writ petition stands disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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