Single judge dismissed a writ petition challenging rejection of regularization claim and payment. Court held petitioner failed to establish merit as regularization appointments are exclusively the State Government's domain.
Writ application dismissed; case to be reconsidered if vacancy is notified thereafter.
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.17488 of 2010
=========================================================== Kumar Dharmendra S/O Udayanand Singh R/O Vill.- Kazi Hridayanagar, P.O.Kajhi, P.S.- Banmankhi, Distt.- Purnea
.... .... Petitioner/s
Versus
.... .... Respondent/s
=========================================================== Appearance :
For the Petitioner/s : Mr. Bindhyachal Singh, Adv. For the Respondent/s : Mr. (SC6)
===========================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 09-02-2018
Heard learned counsel for the petitonerand counsel for the
State.
The petitioner is challenging the order contained in Memo No. 729 dated 31.3.2010 passed by the Deputy Development Commissioner, Madhepura,, whereby and whereunder, his representation for claim of regularization in the service as well as payment has been rejected.
As per claim of the petitioner, he was discharging the work of Supervisor on daily wages under the Jawahar Rojgar Yojana but, that scheme has been closed in the year 2001 itself. As per order, it
Patna High Court CWJC No.17488 of 2010 dt.09-02-2018
2
appears that for whatever the amount he was entitled has been paid. So far the regularization in service is concerned, he was a Junior Engineer and appointment can be made only by the State Government and not by the officer of the State Government. In this case, the petitioner has failed to make out any case in his favour and, thus, this Court does not find any merit in the present writ application.
This writ application is, accordingly, dismissed. However, if any vacancy is notified and the petitioner applies for the same, his case will be considered in accordance with law.
With the aforementioned observation, this writ application is dismissed.
(Shivaji Pandey, J)
Rishi/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 13.02.2018 |
| Transmission Date |
NA |
1 issue framed by the court
Whether the petitioner is entitled to regularization in service and payment for work as a Supervisor under Jawahar Rojgar Yojana.
Kumar Dharmendra
The State Of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
