Patna High Court held that a writ application by contract employees was premature as a recommendation by a committee exists to address grievances. The court emphasized the availability of alternative remedies.
Writ application disposed of with liberty to the petitioners to do the needful.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4697 of 2016
=========================================================== 1. Pankaj Kumar S/o Prof Ramendra Pandey, At P.O. P.S. & District - Sahara at present working as Lecturer, Department of Chemistry, Government of Polytehnic, Saharsa. 2. Chandra Bhushan Singh, S/o Late Tej Narayan Singh, At and P.O. - Arraha, P.s. and District - Mahepura, at present working as Lecturer, Department of Electrical Engineering, Government Polytechnic, Saharsa. 3. Dr. Hyder, S/o Abdul Shakur At Narsanda, P.O. and P.S. - Kanti, District - Muzaffarpur, at present working as Lecturer, Department of Electronics, Government Polytechnic, Saharsa.
.... .... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, General Administration Department, Government of Bihar, Patna. 3. The Principal Secretary, Science and Technology Department, Government of Bihar, Patna. 4. The Additional Secretary, Department of Science and Technology, Government of Bihar, Patna. 5. The Director, Department of Science and Technology, Government of Bihar, Patna. 6. The Deputy Secretary, Science and Technology Department, Government of Bihar, Patna. 7. The Bihar Public Service Commission through its Secretary, Bailey Road, Patna. 8. The Chairman, Bihar Public Service Commission, Bailey Road, Patna. 9. The Secretary, Bihar Public Service Commission, Bailey Road, Patna. 10. The Joint Secretary - cum - Examination Controller, Bihar Public Service Commission, Bailey Road, Patna.
.... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr Subodh Kumar Jha Mr. Pranav Kumar Jha For the State : Ms Jahan Ara, AC to GP 14 For BPSC : Mr Sanjay Pandey
=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT
Date: 18-11-2016
Patna High Court CWJC No.4697 of 2016 dt.18-11-2016
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There is a policy in place for employees, who are working on contract. There is a committee also, which has been constituted to consider such issue and grievance. Be that as it may, the writ application is premature. The remedy and the forum is available for any aggrieved person having any kind of misgivings and apprehension.
Writ application, therefore, is disposed of with liberty to the petitioners to do the needful.
(Ajay Kumar Tripathi, J)
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AFR/NAFR NAFR CAV DATE NA Uploading Date 18.11.2016 Transmission NA Date
2 issues framed by the court
Whether a writ application regarding misgivings and apprehension of contract employees is maintainable when a committee exists to consider such grievances.
Whether the writ application is premature given the availability of alternative remedies and forums for aggrieved employees.
Pankaj Kumar
Chandra Bhushan Singh
Dr. Hyder
Pancham Kumar
Shyam Kumar Safi
The State of Bihar through the Chief Secretary, Government of Bihar
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
