Dhan Bahadur Magar vs The Union Of India And Ors
2025 Latest Caselaw 635 Patna

Patna High Court

Dhan Bahadur Magar vs The Union Of India And Ors on 15 July, 2025

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.10956 of 2016
     ======================================================
     Dhan Bahadur Magar son of Padam Bahadur Magar resident of Village- Ward
     No-7, P.s.- Okhaldunga, Dist- Okhaldunga Nepal.

                                                                  ... ... Petitioner/s
                                       Versus
1.   The Union Of India
2.   The Superintending Engineer Co-ordination Circle Elect. Central Public
     Works Department Block-1 Le
3.   The Executive Engineer, Central Public Works Department, Patna Central
     Electric Division Punaichak,
4.   The Assistant Engineer E Patna Electric Sub Division No-1 Central Public
     Works Department Punaicha
5.   The Junior Engineer Elec. Central Public Works Department, E/1,
     Kathmandu Nepal.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr.Prithivi Raj Singh
     For the Respondent/s   :     Mr.S.D Sanjay Addl. Soc. Gen.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 15-07-2025

Heard Learned Counsel for the petitioner and

Learned counsel for the Union of India.

2. Counsel for the petitioner has filed the present

writ application for directing the respondents authorities to

regularized the petitioner while he is working on the post of

Muster Roll Staff member in Embassy of India, CPWD,

Kathmandu (Nepal). Further prayer has been made to provide

the difference of pay from 10.11.2014 to up till now.

3. Counsel for the Union of India has raised

preliminary objection and submits that petitioner has been Patna High Court CWJC No.10956 of 2016 dt.15-07-2025

appointed by the Superintending Engineer (E) Co-ordination

Circle, Central Public Works Department, R.K. Puram, New

Delhi. He further submits that since the petitioner is a workman,

therefore, he has liberty to file a representation for his

grievances before the Labour Court and not before the Writ

Court, as he is not employee of the State.

4. In this view of the matter, the present writ

application is hereby disposed off granting liberty to the

petitioner to file his case along with this order before the Labour

Court for all his grievances.

(Dr. Anshuman, J.) Prakashmani/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date
Transmission Date       N/A