Two writ petitions seeking regularization of service employees were disposed of by relying on prior orders from C.W.J.C. Nos. 7211 of 2013 and 22531 of 2012, noting a subsequent policy decision by PHED.
The writ applications were disposed of in terms of the order passed in C.W.J.C. No.22531 of 2012.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court CWJC No.1583 of 2013 (6) dt.10-12-2015
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1583 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.5844 of 2013
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.... .... Petitioner/s
Versus
.... .... Respondent/s
====================================================== Appearance : (In CWJC No.1583 of 2013)
Patna High Court CWJC No.1583 of 2013 (6) dt.10-12-2015
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For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Shailendra Kumar Jha, AC to Aag13 (In CWJC No.5844 of 2013) For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. Narendra Kumar Singh, AC to GP 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
6 10-12-2015
Both the writ applications have been taken together for disposal as the issues involved in these writ applications are common.
The petitioners seek direction upon the respondents to consider their claim for regularization under worked charge establishment. They submit that they have rendered long period of service in the organization.
I find that the issue of regularization in respect of similarly situated persons was subject matter of adjudication in C.W.J.C. No.7211 of 2013, decided on 16.5.2013. Another writ application bearing C.W.J.C. No.22531 of 2012 (Alakh Prasad vs. State of Bihar & Ors) was disposed of on 11.3.2014 in light of the direction contained in order dated 16.5.2013 passed in C.W.J.C. No.7211 of 2013. While disposing of the C.W.J.C. No.22531 of 2012, this court observed that after passing of the order dated 16.5.2013, passed in C.W.J.C. No.7211 of 2013, a policy decision was taken as contained in letter No.925, dated 16.11.2013 issued by the Engineer-in-Chief-cum-Special Secretary, PHED,
Patna High Court CWJC No.1583 of 2013 (6) dt.10-12-2015
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Government of Bihar, Patna. This Court further observed that the parameters laid down in that scheme or communication addressed to all the Executive Engineers will be taken into consideration, if an application is filed by the petitioners for their regularization. In the circumstances, these two writ applications are disposed of in terms of order dated 11.3.2014 passed in C.W.J.C. No.22531 of 2012.
(Samarendra Pratap Singh, J)
KHAN/-
U
2 issues framed by the court
Whether the applicants' claims for regularization under worked charge establishment should be addressed in view of a recent policy decision and previous court orders.
Whether the two writ applications should be disposed of by following earlier judgments on similar regularization matters.
Colour shows how this judgement treated each authority
UndisclosedReferred¶34
C.W.J.C. No.7211 of 2013
Alakh Prasad vs. State of Bihar & OrsRelied on¶34
C.W.J.C. No.22531 of 2012 (Alakh Prasad vs. State of Bihar & Ors)
2 provisions across 2 enactments
Surendra Singh S/O Sri Ram Ekbal Singh
Harendra Prasad Singh S/O Sri Ram Lakhan Singh
Shatrughan Prasad S/O Sri Bishwanath Pandit
Ram Sewak Prasad S/O Sri Shiv Prasad
Suresh Prasad S/O Sri Indra Ray
Om Prakash Singh S/O Sri Ram Janam Singh
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
