Patna High Court
Ram Naresh Rai vs The State Of Bihar And Ors on 2 January, 2024
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16425 of 2010
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1. RAM NARESH RAI S/O Late Maheshwar Rai R/O Vill. and P.O.- Baghari,
P.S.- Sursand, Distt.- Sitamadhi
2. Jai Prakash Narayan Singh S/O Braj Nandan Singh R/O Vill.- Khadiha, P.O.-
Niharpura, Distt.- Patna
3. Binod Kumar S/O Late Lalji Ram R/O Vill.- Chesi, P.O. and P.S.- Nabatpur,
Distt.- Patna
4. Ramjee Ram S/O Late Raghubir Ram R/O Vill.- New Alkapuri, East
Gardanibag, Distt.- Patna
5. Laldeo Paswan S/O Sri Kishori Paswan R/O Vill.- Bhikhachak Naharpar,
Road No. 21, P.O.- Anishabad, Distt.- Patna
6. Manoj Kumar-1 S/O Sri Bachchu Singh R/O Vill.- Nandan Bigha, P.O.-
Murgaon, Distt.- Jehanabad
7. Gopal Ram S/O Late Shivpujan Ram R/O Vill.- Bhushaula, Danapur, P.O.-
Mubarakpur, Distt.- Patna
8. Manoj Kumar-Ii S/O Vakil Yadav R/O Vill.- Narar Godh, P.O.- Narar, P.S.-
Kaluahi, Distt.- Madhubani
9. Kiran Kumar Choudhary S/O Late Godhan Pd. Choudhary R/O Vill.- Kila
Road, Patna City, Distt.- Patna
10. Md. Shahjada S/O Md. Jalaluddin R/O Vill.- Satgharba, P.O.- Golghar,
Distt.- Patna
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Principal Secretary Cooperative Department, Government Of Bihar,
New Secretariat, Patna
3. The Registrar, Cooperative Societies Government Of Bihar, New Secretariat,
Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh,Advocate
For the State : Mr.Kumar Alok, S.C.-7
: Mr. Rakesh Kumar, A.C.to S.C.-7
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 02-01-2024
Patna High Court CWJC No.16425 of 2010 dt.02-01-2024
Heard learned counsel for petitioner No.1, namely, Ram
Naresh Rai and Mr. Kumar Alok, learned Standing Counsel No.7
appearing for the State.
2. This writ application has been filed for a direction to
the authority concerned to consider the case of the petitioner for
absorption in Class-III and Class-IV posts in the State Government
in the light of the decision of the State Govt. contained in Memo
No. 7959 dated 08.10.1991 pertaining to regularization of the
petitioner and other similarly situated persons.
3. Learned counsel for petitioner No.1, namely, Ram
Naresh Rai submits that the petitioner was working continuously
since 1986 but the case of the petitioner was not considered by the
respondent authorities and the case of other similarly situated
persons have been considered by the respondent authorities.
4. Learned counsel for the State has filed counter
affidavit and supplementary counter affidavit in which they have
categorically stated that in view of the decision of Civil Appeal
No.3595 of 1999 , State of Karnataka Vs. Uma Devi and thereafter
the State Government has taken decision and framed a guideline
and petitioner has not come under the purview of the guideline of
the State Government which suggests that the petitioner has not
completed uninterrupted service of during each year of 240 days
Patna High Court CWJC No.16425 of 2010 dt.02-01-2024
and in view of the guideline of the State Government, the State
Government has taken a decision and rejected the claim of the
petitioner in the year 2014 itself and the petitioner had not
challenged the same as yet.
5. In view of the aforesaid, there is no merit in this writ
application. Accordingly, it is dismissed.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.01.2024
Transmission Date 02.01.2024
