Dismissed

Tapan Kumar Chatterjee and Ors. v. Bihar Raj Beej Nigam Ltd.and Ors.

Patna HC28 Apr 2015CWJC/7217/1999

Case brief

AI extract

What is this about?

Petitioners sought a direction to regularize their services with Bihar Rajya Beej Nigam Limited. The Court found no averments demonstrating compliance with Articles 14 and 16 and dismissed the application, citing the Corporation's financial constraints. This order dismissed the writ petition.

What did the court decide?

Relief for regularization of services dismissed.

Tapan Kumar Chatterjee and Ors. Vs Bihar Raj Beej Nigam… — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7217 of 1999

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Tapan Kumar Chatterjee, Son of Late Premangshu Deo Chatterjeed, C/o Manoj Kumar Gupta, Gupta Bhawan, G.T. Road, Kudra, District Kaimur-Bhabhua, presently residing at Bihar Raj Beej Nigam Ltd. Colony Campus, G.T. Road, Kudra, District-Kaimur, Bhabhua, Bihar, and posted as Store Clerk, Bihar Raj Beej Nigam Ltd. G.T. Road, Kudra, District Kaimur (Bhabhua).

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Om Prakash Sinha, Son of Sri Jagdish Prasad Sinha, C/o Sri Jagdish Prasad Sinha, resident of Village-Islampur, P.O. Maldah, Barbigha, District Sheikhpura, presently posted as clerk, Bihar Raj Beej Nigam Ltd., G.T. Road, Kudra, District Kaimur-Bhabhua.

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Sri Musafir Singh, Son of Late Bishwanath Singh, resident of Village-Darauli, P.S. and P.O. Durgawati, District Kaimur-Bhabhua, presently posted as Clerk, Bihar Raj Beej Nigam Ltd. Kudra, District Kaimur-Bhabhua.

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Raj Kishore Yadav, Son of Sri Ram Narain Yadav, resident of VillageSahrawana, P.O. Deoria, Pandey, P.S. Ram Kola, District Kusi Nagar (U.P.), presently posted as Store clerk, Bihar Raj Beej Nigam Ltd., G.T. Road, Kudra, District Kaimur, (Bhabhua).

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Kameshwar Pandey, Son of Late Indrashan Pandey, resident of Village and P.O. Fakharabad, P.S. Kudra, District-Kaimur, (Bhabhua), presently posted as Clerk, Bihar Raj Beej Nigam Ltd., G.T. Road Kudra, District Kaimur (Bhabhua).

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Raj Nath Upadhaya, Son of Sri Sarjug Upadhaya, resident of Village-Akari, P.O.-Akhileshpur, P.S.-Bhabhua, District Kaimur (Bhabhua), presently posted as clerk, Bihar Raj Beej Nigam Ltd. G.T. Road, Kudra, District-Kaimur (Bhabhua).

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.... .... Petitioner/s

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Versus

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Bihar Raj Beej Nigam Ltd., Indira Bhawan, IInd Floor, Ram Charitra Singh Path, Boring Canal Road, Patna through Managing Director.

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Managing Director, Bihar Raj Beej Nigam Ltd., Indira Bhawan, IInd Floor, Ram Charitra Singh Path, Boring Canal Road, Patna-1.

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Director, Administration, Bihar Raj Beej Nigam Ltd., Indira Bhawan, IInd Floor, Ram Charitra Singh Path, Boring Canal Road, Patna-1.

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Company Secretary, Bihar Raj Beej Nigam Ltd., Indira Bhawan, IInd Floor, Ram Charitra Singh Path, Boring Canal Road, Patna-1.

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Patna High Court CWJC No.7217 of 1999 dt.28-04-2015

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Plant Engineer, Bihar Raj Beej Nigam Ltd., G.T. Road, Kudra, District-Kaimur (Bhabhua).

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The State of Bihar.

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Secretary, Agriculture Department, Govt. of Bihar, New Secretariat, Patna.

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Bureau of Public Enterprises, Patna, Bihar.

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.... .... Respondent/s =========================================================== Appearance :

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For the Petitioner/s : None

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For the Respondent Nos. 1-5 : Mr. Sourendra Pandey, Advocate

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For the State : Mr. Ranjan Kumar, Advocate (AC to AAG-4)

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL JUDGMENT

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Date: 28-04-2015

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No one appears on behalf of the petitioners. Heard learned counsel representing Bihar Rajya Beej Nigam Limited as well as State.

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2. The petitioners seek a direction from this Court to regularize their services as an employee of Bihar Rajya Beej Nigam Limited, under which they claim to have been working for last fourteen years.

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3. I do not find any averment in the writ application to demonstrate that the petitioners’ initial engagements were made in conformity with Articles 14 and 16 of the Constitution of India. Additionally, I find from the counter

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Patna High Court CWJC No.7217 of 1999 dt.28-04-2015

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affidavit filed on behalf of the respondents-Corporation that because of the paucity of work in the Corporation and its precarious financial condition, the Corporation is not in a position to appoint or deploy any further employee.

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4. I do not find any reason to entertain the relief as sought for in the writ application.

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5. This application is, accordingly, dismissed.

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(Chakradhari Sharan Singh, J)

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Praveen-II/-

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Tapan Kumar Chatterjee and Ors. v. Bihar Raj Beej Nigam Ltd.and Ors.

Case brief

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Tapan Kumar Chatterjee and Ors. v. Bihar Raj Beej Nigam Ltd.and Ors.

Case brief

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