In a civil writ petition, the petitioner sought direction for regularization as an Ameen with effect from 17.02.1995 after his service was terminated. The single judge dismissed the petition on the ground of lack of merit due to the inordinate delay of over twenty-two years in seeking reinstatement or regularization.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8858 of 2014
===========================================================
.... Petitioner
Versus
.... Respondents
=========================================================== Appearance :
For the Petitioner : Mr. Dhirendra Kumar Jha, Adv. For the Respondents : Mrs. Binita Singh, SC XXVIII with Mr. Kumar Kamal Nayan, AC to SC XXVIII
=========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT
Date: 03-11-2017
Heard both sides.
Patna High Court CWJC No.8858 of 2014 dt.03-11-2017
2
09.04.1997, directed the respondents to pay the back wages and at the same time did not interfere into the order of termination of the petitioner giving liberty to the petitioner to move before the Labour Court or Industrial Tribunal. The petitioner, thereafter, filed cases before the Labour Court and notice was issued, but, the petitioner was not reinstated in service.
Patna High Court CWJC No.8858 of 2014 dt.03-11-2017
3
therefore, their services were regularized, but, the petitioner is not working till date and his service was terminated in the year 1995. It appears that of course the petitioner was working as daily wages Ameen in the year 1991 along with Amresh Chandara Prasad and Shiv Pujan Ram and others. The petitioner was terminated from service, but, the petitioner was reinstated in service in pursuance of the order passed by the Labour Court in Reference No. 4 of 1985. The petitioner continued to work as daily wages Ameen till 16.02.1995, but, he was, again, removed from service with effect from 17.02.1995 and since then the petitioner is not working on daily wages.
(Prabhat Kumar Jha, J)
SA/-
| AFR/NAFR | NAFR |
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| CAV DATE | N/A |
| UploadingDate | 14.11.2017 |
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1 issue framed by the court
Whether the petitioner is entitled to regularization as Ameen when services were terminated in 1995 and reinstatement requests were not granted for over two decades.
Gouri Shankar Mahto
The State of Bihar
Secretary, Department of Water Resources, Government of Bihar
Chief Engineer, Water Resources Department
Superintending Engineer, Tirhut Canal Circle
Executive Engineer, Triveni Canal Construction Division
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
