Dismissed

Uday Prakash v. The State of Bihar

Patna HC17 Oct 2019CWJC/16980/2019

Case brief

AI extract

What is this about?

Petitioners challenged the discontinuation of their services as temporary bank attendants, seeking restoration. The High Court, in a short oral order, dismissed the writ application, finding that the engagement was temporary and the petitioners failed to justify a five-year delay in filing the application.

What did the court decide?

The application was dismissed with no direction granted for restoration of services.

Uday Prakash Vs The State of Bihar — Service and Employment | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16980 of 2019

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Uday Prakash S/o Sri Ram Pratap Ray R/o Sangram Fandah, P.O. and P.S.Riga, District- Sitamarhi.

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Birendra Mandal S/o Sri Narayan Mandal R/o Ward No.5, Near Makhnaha Chowk, Bhandari, Sitamarhi District- Sitamarhi.

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Raghubir Mahto S/o Sri Bhimal Mahto R/o Village Rampur Parori, Ward No.13, Banchauri, P.S. Dumra, District- Sitamarhi.

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Md. Zarar Alam S/o Md. Taiyab R/o Village Basahiya Shaikh, Ward No. 4, P.O. and P.S.- Piprahi, District- Sheohar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Joint Registrar Co-operative, Tirhut Division Muzaffarpur.

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The Joint Registrar, Co-operative Tirhut Division, Muzaffarpur.

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The Director Manager, Sitamarhi Central Tirhut Division, Muzaffarpur.

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The Director Manager, Sitamarhi Central Co-operative Bank, Sitamarhi.

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The Branch Manager, Sitamarhi Central Co-operative Bank Riga Branch, Sitamarhi.

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The Branch Manager, Sitamarhi Central Co-operative Bank, Piprahi Branch, Sitamarhi.

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The District Magistrate, Sitamarhi, Dist- Sitamarhi.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Uday Kumar For the Respondent/s : Mr.Sushil Kumar (GP-22) with Mr. Rakesh Ranjan, AC to GP-22

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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3 17-10-2019

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The petitioners are seeking direction to the

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respondents- Sitamarhi Central Cooperative Bank, Sitamarhi to consider restoration of their services in the respective Branches of the Bank.

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It is the petitioners’ case that they were appointed

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Patna High Court CWJC No.16980 of 2019(3) dt.17-10-2019 2/2

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by an office order dated 10.09.2013 by the Managing Director of the Bank to work as Attendants on fixed remuneration of Rs. 2000/-. They were, however, discontinued to serve as Attendants by subsequent letter dated 18.10.2014 issued by the Managing Director of the Bank. This is the background in which the present writ application has been filed.

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In my opinion, this writ application has no merit for two reasons. Firstly, the services of these petitioners were discontinued with effect from from 18.10.2014. Their engagement was on purely temporary basis as can be seen from the office order dated 10.09.2013. There is no justification given in the writ application, explaining the delay of nearly five years. Secondly, it does not appear from the office order, whereby these petitioners were engaged that their appointments were made by following the essential requirements of Articles 14 and 16 of the Constitution of India.

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Accordingly, I do not find any merit in this

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application.

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This application is dismissed.

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(Chakradhari Sharan Singh, J)

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arun/-

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Uday Prakash v. The State of Bihar

Case brief

What is this about?

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Uday Prakash v. The State of Bihar

Case brief

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