Patna High Court
Arbind Mallik @ Arvind Mallik vs The State Of Bihar on 4 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5834 of 2021
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Arbind Mallik @ Arvind Mallik, Son of Turanti Mallik, Resident of Village-
Amarpur, P.O.- Bhagwanpur, Police Station- Sonbarsa Kachehari, District-
Saharsa, Presently Working as Mali (Gardener) in Kosi Inspection Bungalow,
Irrigation Division, Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary to the Government,
General Administration Department, Government of Bihar, Patna.
2. The Principal Secretary to the Government, Water Resources Department,
Government of Bihar, Patna.
3. The Under Secretary to the Government, Water Resources Department
Government of Bihar, Patna.
4. The District Magistrate, Saharsa
5. The Deputy Collector (Establishment), Saharsa.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Respondent/s : Mr. Harish Kumar, GP-8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 04-02-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. State counsel accepts notice for respondents.
3. Learned counsel for the petitioner is hereby directed
to furnish a copy of the writ petition to the learned counsel for the
respondents.
4. Heard learned counsel for the parties.
5. In the instant petition, the petitioner has prayed for the
following reliefs:
Patna High Court CWJC No.5834 of 2021 dt.04-02-2022
"(i) For absorbing the petitioner in the 4th Grade cadre
of the State of Bihar on the post of Gardener (Mali), on
which post he has been working since long and on his
application for regularization against the
Advertisement No. O.C.-03/2006 he was selected and
his name was included in the panel of the candidates to
be absorbed/appointed.
(ii) For commanding the respondents to consider the
case of the petitioner for appointment on class IV post
of Gardener (Mali) from an appropriate date and pay
him the salary including the arrears of salary at the rate
admissible to the post on that particular date.
(iii) For holding that once the Department published
advertisement inviting applications from the persons
working in the collectorate or mufassil offices on
casual/daily/temporary basis for empanelment of their
names in order to regularize and absorb them in the
regular service of the State of Bihar, the State after
empanelling the persons including the petitioner
cannot make them waiting perpetually when several
class IV posts are lying vacant in the
collectorate/mufassil offices of Saharsa district.
(iv) For grant of any such other relief or reliefs for
which the petitioner is found to be entitled in the facts
and circumstances of the case."
6. In support of the aforesaid relief, the petitioner
submitted representations on 24.06.2014 and 10.12.2015
(Annexures- 6 and 7).
Patna High Court CWJC No.5834 of 2021 dt.04-02-2022
7. Accordingly, the concerned respondent is hereby
directed to examine the petitioner's claim made in the
representations and also judicial pronouncements relating to
regularization and proceed to pass speaking order as to whether the
petitioner is entitled to be absorbed or not?
8. In this regard speaking order shall be passed and
communicate to the petitioner within a period of three months
from the date of receipt of a copy of this order.
9. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 09.02.2022
Transmission Date NA
