Disposed

Kishun Mehtar and Ors. v. the State of Bihar and Ors.

Patna HC11 Mar 2015CWJC/5942/2008

Case brief

AI extract

What is this about?

This oral order by the Patna High Court disposed of a joint writ petition by 24 contingent jail workers seeking regularization of Class-IV posts. The court granted liberty to the petitioners to file individual representations to claim pending arrear wages instead of adjudicating the matter immediately.

What did the court decide?

Liberty granted to petitioners to file individual representations to claim arrear of wages.

Kishun Mehtar and Ors. Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5942 of 2008

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====================================================== 1. Kishun Mehtar , son of Late Rameshwar Mehtar, village- Tilka Manjhi, P.O. Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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1. Raju Mahtar, S/O Late Rameshwar Mehtar, Village- Khankita, Post Sabour, P.S. Sabour, District- Bhagalpur

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1. Awadhesh Mehtar, S/O Sri Kishun Mehtar, Village - Tilka Manjhi, Mehtar Colony, P.O. Tilka Manjhi, P.S. Tilka Manjhi, DistrictBhagalpur

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1. Ranjeet Mehtar, S/O Sri Pairu Mehtar, Village- Agarpur, P.O. Machhipur-Lodipur, P.S. Sabour, District- Bhagalpur

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1. Akhilesh Mehtar, son of Sri Roshan Dom, Village- Chhoti Parwatta, Post- Sahu Parwatta, P.S. Gopalpur, district- Bhagalpur

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1. Saheb Mehtar, S/O Late Kulo Dom, Village- Balaha, Post-Balaha, P.S. Bihpur, District- Bhagalpur

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1. Basu Mehtar, S/O Late Satish Mehtar ( Dom), Village- Balaha, PostBalaha, P.S. Bihpur, District- Bhagalpur

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Prakash Mehtar, S/O Sri Naresh Dome, Vill- Naya Gaow, P.O. Naya Gaow, P.S. Parwatta, District- Khagariya

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Rekha Devi W/O Prakash Mahtar, Village- Naya Gaown, P.O. Naya Gaown, P.S. Parwatta, District-Khagaria

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Ram Subhag Thakur, S/O Late Shree Krishna Thakur, VillageChhanouti, Purani Bazar, Masurhi, Post Masauri, P.S. Masaurhi, District- Patna

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Kedar Thakur, S/O Sri Bachu Thakur, resident of village- Chakbajo, P.O. Lalu Chapra, P.S. Loreya, District- Muzaffarpur

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Chandar Pd.Yadav, S/O Late Sheetal Yadav, Vill- Bhatkundi, Post Office, Bhatkundi, P.S. Banka, District- Banka

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Jaya Mehtar S/O Late Shree Fijangi Mehtar, Vill-Tila Manjhi, P.O. Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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Ram Prakash Thakur, S/O Shree Rajendra Prasad Thakur, VillageMannlarpur, P.O. Sabour, P.S. Barari, District- Bhagalpur

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Bideshi Choudhary ( Mistri), S/O Sri Boga Choudhary, Village- Ishaque Chaque, P.O. Ishque Chaque, P.S. Ishaque Chaque, District- Bhagalpur

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Shyam Mehtar, S/O Sri Babu Lal Mehtar, Village- Chattar, P.O. Chattar, P.S. Sanbhuganj, District- Banka

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Arjun Mehtar, S/o Late Rameshwar Mehtar, Village- Tilka Manjhi, Post-Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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Viran Mehtar, S/O Late Newi Mehtar, Vill-Tilka Manjhi, Post- Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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Ram Chandra Mehtar S/O Late Munilal Mehtar, Village- Tilka Manjhi, P.O. Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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Ajay Mehtar S/O Sri Jagdish Mehtar , Village- Tilka Manjhi, P.O. Tilka Manjhi, P.S. Tilka Manjhi, District- Bhagalpur

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Ramotar Thakur, S/O Late Palak Thakur, Village- Chakbajo, Post- Lalu Chapra, P.S. Saraya, District- Muzaffarpur

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Kaushal Kishore Thakur, S/O Late Hari Prasad Thakur, VillageMansarpur, P.O. Fatehpur, P.S. Zero Mile, District- Bhagalpur

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Ganesh Paswan ( Mistri), S/O Late Yetwari Paswan, Village- Fatehpur, P.O. Fatehpur, P.S. Zeromile, District- Bhagalpur

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Ram Roy, Son of Late Newaji Ray, Village- Jagpur, P.O. Jagatpur, P.S.

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Patna High Court CWJC No.5942 of 2008 (2) dt.11-03-2015

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2/3

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Barahat, District-Banka .... .... Petitioners Versus 1. The State of Bihar through its Chief Secretary, Old Secretariat Building, Patna 2. The Home Commissioner, Old Secretariat Building, Patna 3. The Inspector General of Prisons, Bihar, Old Secretariat Building, Patna 4. The Superintendent of Central Jail, Bhagalpur, At & P.O. Bhagalpur, District- Bhagalpur 5. The Superintendent of Special Central Jail, Bhagalpur, At & P.O. Bhagalpur, District- Bhagalpur .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kr.Paswan Mr. Bishwa Bibhuti Kr.Singh For the Respondent/s : Mr. AC to PAAG ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................ 2 11-03-2015 Heard learned counsel for the petitioners and learned AC to Principal Addl. Advocate General.

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The present writ petition was filed jointly by 24 petitioners with a prayer to direct the Respondents to regularize them against Class-IV post. The petitioners state that they are contingent menials workers in the Central Jail and Special Central Jail, Bhagalpur. Learned counsel for the petitioners accepts that subsequent to an order passed in other writ petition on similar issue, rule has been framed for regularization.

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Learned counsel for the petitioners orally submits that there are certain arrear of wages of the petitioners and direction may be given to pay such arrear.

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Patna High Court CWJC No.5942 of 2008 (2) dt.11-03-2015

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In absence of any specific stand as to since when the arrear of wages are due, it would be difficult to adjudicate on this issue.

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After some argument, learned counsel for the petitioners makes a prayer for disposal of the present writ petition granting liberty to petitioners to file representation individually in respect of arrear of wages.

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The prayer is allowed.

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The writ petition stands disposed of with liberty as indicated above.

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NKS/U

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(Rakesh Kumar, J)

Kishun Mehtar and Ors. v. the State of Bihar and Ors.

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Kishun Mehtar and Ors. v. the State of Bihar and Ors.

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