Partly allowed

Shambhu Singh v. The State Of Bihar and Ors.

Patna HC9 Jan 2014CWJC/616/2014

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What is this about?

Petitioner sought regularization for a Peon post in Sitamarhi District. Court directed respondents to scrutinize his case within three months if less qualified persons were regularized. If unjustly excluded, a decision on appointment is required within a further four months.

What did the court decide?

Direction for respondents to consider petitioner's case for regularization within three months, followed by a decision on appointment within four months if he was unjustly left out.

Shambhu Singh Vs The State Of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.616 of 2014

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====================================================== Shambhu Singh, son of Ramchandra Singh, Resident of Village + Post Office + Police Station- Bathnaha, Sub-Division and District- Sitamarhi. .... .... Petitioner. Versus 1. The State of Bihar 2. The Principal Secretary, General Administration, Old Secretariat, Patna. 3. The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4. The District Magistrate, Sitamarhi. 5. The Deputy Collector, Zila Nazarat, Sitamarhi. .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Mukul Prasad For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 09-01-2014 The petitioner prays for regularization on the post of Peon or any 4^th Grade post in Sitamarhi District.

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The case of the petitioner in short is that he was engaged as Daily wager-cum-Ummidwar Peon in the district of Sitamarhi as early in the year 1987. His name figured in the panel prepared by the respondents. Copy of the panel prepared on 30.07.2003 is contained in Annexure-2.

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The petitioner asserts that he is working in the said capacity even today. He has raised a grievance that the persons, who have been engaged as Ummidwar Peon later than him and much below in the panel, have been regularized. The petitioner submits that some of the Ummidwar Peons have earlier moved

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Patna High Court CWJC No.616 of 2014 (2) dt.09-01-2014

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2 / 2

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this Court and a direction has been issued to the respondents to consider their cases in right perspective. The petitioner in this respect refers to the case of one Mohan Prasad Singh Vs. The State of Bihar & Ors. (C.W.J.C. No.2596 of 2006) disposed of on 28.06.2012.

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In the circumstances, this Court too observes that if persons less qualified for appointment (on the basis of preference given to work experience under the State) have been taken into service, the petitioner’s case should also be scrutinized within three months from the date of production of a copy of this order. If it is found that petitioner has been unjustly left out, the petitioner’s case should be considered for appointment within a further period of four months.

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With the aforesaid direction, this application is disposed of.

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(Samarendra Pratap Singh, J)

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Uday/-

Shambhu Singh v. The State Of Bihar and Ors.

Case brief

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Shambhu Singh v. The State Of Bihar and Ors.

Case brief

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