Petitioner sought regularization as a Gardener in Bihar government. Court directed respondents to examine claim and judicial pronouncements on regularization within three months before deciding absorption.
Direction to respondents to examine petitioner's claim and pass speaking order on absorption within three months.
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.5834 of 2021
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Arbind Mallik @ Arvind Mallik, Son of Turanti Mallik, Resident of VillageAmarpur, P.O.- Bhagwanpur, Police Station- Sonbarsa Kachehari, DistrictSaharsa, Presently Working as Mali (Gardener) in Kosi Inspection Bungalow, Irrigation Division, Saharsa.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate For the Respondent/s : Mr. Harish Kumar, GP-8
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT
Date : 04-02-2022
This matter is heard via video conferencing due to
circumstances prevailing on account of COVID-19 Pandemic.
to furnish a copy of the writ petition to the learned counsel for the respondents.
following reliefs:
Patna High Court CWJC No.5834 of 2021 dt.04-02-2022
2/3
“(i) For absorbing the petitioner in the 4th Grade cadre of the State of Bihar on the post of Gardener (Mali), on which post he has been working since long and on his application for regularization against the Advertisement No. O.C.-03/2006 he was selected and his name was included in the panel of the candidates to be absorbed/appointed.
(ii) For commanding the respondents to consider the case of the petitioner for appointment on class IV post of Gardener (Mali) from an appropriate date and pay him the salary including the arrears of salary at the rate admissible to the post on that particular date.
(iii) For holding that once the Department published advertisement inviting applications from the persons working in the collectorate or mufassil offices on casual/daily/temporary basis for empanelment of their names in order to regularize and absorb them in the regular service of the State of Bihar, the State after empanelling the persons including the petitioner cannot make them waiting perpetually when several class IV posts are lying vacant in the collectorate/mufassil offices of Saharsa district.
(iv) For grant of any such other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case.”
Patna High Court CWJC No.5834 of 2021 dt.04-02-2022 3/3
(P. B. Bajanthri, J)
uday/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 09.02.2022 |
| Transmission Date | NA |
1 issue framed by the court
Whether the petitioner entitled to be absorbed in the 4th Grade cadre of Gardener post based on past selection and pending vacancies?
Arbind Mallik
State of Bihar
P. B. Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
