Patna High Court
Dinesh Prasad vs The State Of Bihar on 10 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10189 of 2020
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Dinesh Prasad, Son of Late Kanhai Mahto @ Kanahi Mahto, Resident of
village- Sonsa, P.O.- Sihin, P.S.- Hisua, District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Road Construction
Department, Government of Bihar, Patna
2. The Engineer-in-Chief cum Additional Commissioner cum Special
Secretary, Road Construction Department, Government of Bihar, Patna
3. Joint secretary, Road Construction Department, Government of Bihar, Patna
4. The Chief Engineer (South Bihar) Magadh Circle, Gaya
5. The District Magistrate, Nawada
6. The Superintending Engineer Road Construction Department, Magadh
circle, Gaya
7. The Executive Engineer, Road Construction Department, Nawada Division,
Nawada
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Respondent/s : Mr. Amit Prakash(GA-13)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 10-01-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
2. Heard learned counsel for the parties.
3. In the present petition, the petitioner has prayed for
the following reliefs:
"A. For the issuance of appropriate writ in the nature
of mandamus for regularization of petitioner service on
the post of 'Path Belan Chalak' (iFk csyu pkyd), who
was duly appointed by the Superintending Engineer,
Road Construction Department, Magadh Circle, Gaya
Patna High Court CWJC No.10189 of 2020 dt.10-01-2022
vide office order contained in Memo No. 1407 dated
23-11-1995, since the date of appointment i.e. about 25
years petitioner continuously without any break or
interruption of service, discharging his satisfactory
duty and continuously receiving his salary on the post
of 'Path Belan Chalak' (iFk csyu pkyd), under Road
Construction Department, Nawada Division at
Nawada.
B. And for any other reliefs/reliefs for
which the petitioners are found to be entitled under the
provisions of law involved in the present case.
4. The petitioner grievance is relating to regularization
of his service against the post of 'Path Belan Chalak' (iFk csyu
pkyd).
5. Service record of the petitioner shall be taken into
consideration for the purpose of regularization or not read with
Full Bench decision of this Court in the case of Ram Sevak Yadav
and Another vs. The State of Bihar and Others, reported in 2013
(1) PLJR 964 and the Apex Court decision in the case of Secy.,
State of Karnataka and Others vs. Uma Devi reported in (2006) 4
SCC page 1.
6. The grievance of the petitioner for regularization shall
be redressed in passing a speaking order and communicate the
same to the petitioner.
Patna High Court CWJC No.10189 of 2020 dt.10-01-2022
7. The aforesaid exercise must be completed by the
concerned respondent within a period of four months from the date
of receipt of a copy of this order.
8. The writ petition stands disposed of.
(P. B. Bajanthri, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.01.2022
Transmission Date NA
