Vijay Poddar vs The State Of Bihar
2024 Latest Caselaw 801 Patna

Patna High Court

Vijay Poddar vs The State Of Bihar on 1 February, 2024

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.1181 of 2020
     ======================================================
     Vijay Poddar son of late Vishwanath Poddar, Resident of village- Bagha,
     Ward No. 24, P.O. Suhind Nagar, P.S. Lchiyanagar, O.p. Dist- Begusarai.

                                                                 ... ... Petitioner/s
                                       Versus

1.   The State of Bihar through the Principal Secretary, Public Health
     Engineering Department, Govt. of Bihar, Patna.
2.   The Principal Secretary, Public Health Engineering Department, Govt. of
     Bihar, Patna.
3.   The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4.   The Engineer-in-Chief-cum- Special Secretary, Public Health Engineering
     Department, Bihar, Patna.
5.   The Chief Engineer (Mechanical), Public Health Engineering Department,
     Bihar, Patna.
6.   The Superintending Engineer, Public Health Engineering Circle, Begusarai.
7.   The Executive Engineer Public Health Division, Begusarai.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Siyaram Pandey, Advocate
     For the Respondent/s   :     Mr.S. Raza Ahmad (Aag5)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 01-02-2024

Heard learned counsel for the petitioner and

learned counsel for the State.

2.The petitioner has filed the present writ petition

directing the respondents to make payment of arrears of salary

of the petitioner's husband for the reverted period of his service,

i.e.,from 01.06.2002 to 25.08.2015 in compliance of the order

dated 16.05.2013 passed in CWJC No.7211 of 2011 as well as

in the light of the policy decision of the State contained in Patna High Court CWJC No.1181 of 2020 dt.01-02-2024

Memo No.925 dated 16.11.2013 passed by Engineer-in-Chief,

Public Health Engineering Department, Bihar, Patna.

3. Learned counsel for the State submits that the

petitioner is not entitled for any relief either in the light of order

dated 16.05.2023 passed in CWJC No.7211 of 2013 or in the

light of policy decision bearing Memo No.925 dated 16.11.2013

due to the reason that the said decision was passed for those

employees who were regularized in 2006; whereas the

regularization of the service of the petitioner was made in 2014.

Learned counsel for the State also submits that during the period

from 01.06.2002 to 25.08.2015, the status of the petitioner was

daily wager. Learned counsel also submits that in this regard a

categorical analysis has been made by this Hon'ble Court in

order dated 16.02.2023 passed in CWJC No.77 of 2023.

Learned counsel for the State also submits that the issue has

well been decided in LPA No.185 of 2018 and analogous cases

vide order dated 20.04.2023.

4. In response thereof, learned counsel for the

petitioner submits that his case is squarely covered by the

decision made by LPA Bench vide order dated 03.01.2023

passed in L.P.A. No.1140 of 2018 about which discussion has

not been made by Hon'ble Single Bench in CWJC No.77 of Patna High Court CWJC No.1181 of 2020 dt.01-02-2024

2023.

5. Considering the rival submissions and in the

light of Section 4C of the Bihar State Litigation Policy, 2011,

this Court directs the petitioner to raise all such points, which he

has raised before the present writ petition before the Principal

Secretary, Public Health Engineering Department, Government

of Bihar, Patna, who shall decide the matter by passing reasoned

and speaking order after granting opportunity of hearing to the

petitioner within 90 days.

(Dr. Anshuman, J) Mkr./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          06.02.2024
Transmission Date       NA