Vipendra Kumar vs The State Of Bihar
2025 Latest Caselaw 2429 Patna

Patna High Court

Vipendra Kumar vs The State Of Bihar on 25 March, 2025

Author: Harish Kumar

Bench: Harish Kumar

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.199 of 2022
     ======================================================
     Vipendra Kumar, Son of Vijay Prasad, Resident of Village- Birahima, Police
     Station- Guraru, District- Gaya.

                                                               ... ... Petitioner/s
                                        Versus
1.   The State of Bihar, through the Principal Secretary Home (Jail) Department,
     Government of Bihar, Patna.
2.   The Principal Secretary, Home (Jail) Department, Government of Bihar,
     Patna.
3.   The Inspector General, Prison, Government of Bihar, Patna.
4.   The Jail Superintendent, Central Jail, Gaya.
5.   The Jail Superintendent of Divisional Jail, Sherghati, Gaya.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Mazharul Hassan, Advocate
     For the Respondent/s   :      Mr.Pawan Kumar, AC to AG
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT

Date : 25-03-2025

Heard the parties.

2. The petitioner has approached this Court seeking

a direction upon the respondent concerned to consider his case

for regularization in the light of Rules duly framed by the

Government of Bihar, named as "Bihar Jail Nai and Safai

Mazdoor Cadre Rules, 2011" (hereinafter referred to as 'the

Rules, 2011').

3. Learned Advocate for the petitioner referring to

the averments made in the writ petition has contended that the

petitioner has been discharging his duty since 14.08.2009 in Patna High Court CWJC No.199 of 2022 dt.25-03-2025

Sub-Jail, Sherghati, Gaya, but till date his case has not been

considered for regularization of his services in true perspective

of the prescription provided under Rules, 2011.

4. It is the contention of the petitioner that other

identically situated persons, who have been working on

temporary basis, their services have been regularized, but

discrimination has been caused to the petitioner. The petitioner

seeks disposal of his case in the light of the order passed by this

Court in the case of Abdul Quadir Vs. The State of Bihar &

Ors. (C.W.J.C. No. 5624 of 2017) for regularization of his

services.

5. A counter affidavit has been filed on behalf of

respondent nos. 3, 4 and 5 controverting the claim of the

petitioner in terms of the prescription of Rules, 2011.

6. Considering the limited grievance of the

petitioner, this Court deems it appropriate to dispose of the writ

petition with a liberty to the petitioner to file a detailed

representation before the respondent no.3 with the name of the

persons, with whom he seeks parity, along with necessary

documents in support of his claim.

7. In case, such representation is filed within a

period of four weeks from today, the concerned authority shall Patna High Court CWJC No.199 of 2022 dt.25-03-2025

consider the claim of the petitioner in the light of prescription of

Rules, 2011 and dispose of the same by passing a reasoned and

speaking order within a period of twelve weeks from the date of

filing of such representation.

8. The writ petition stands disposed of.

(Harish Kumar, J) uday/-

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Uploading Date          27.03.2025
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