Writ petition by outsourced employees challenging medical college engagement dismissed. Court held petition non-maintainable as the contracting agency, not joinder, was absent.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.697 of 2023
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Patna High Court CWJC No.697 of 2023(2) dt.07-04-2023 2/6
Patna High Court CWJC No.697 of 2023(2) dt.07-04-2023 3/6
Patna High Court CWJC No.697 of 2023(2) dt.07-04-2023 4/6
Versus
====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar, Advocate For the Respondent/s : Mr.Birju Prasad, GP-13 Ms.Shweta Anand, AC to GP-13
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
2 07-04-2023 The matter has been listed under the heading “For Orders (On Office Notes)”.
Patna High Court CWJC No.697 of 2023(2) dt.07-04-2023 5/6
The stamp reporter has raised an objection as to payment of court fee by each of the petitioners.
Learned counsel for the petitioners initially submitted that all the petitioners have a common cause of action, therefore the writ application on behalf of all these petitioners would not require separate court fee. Although at this stage, learned counsel for the petitioners agrees to pay the court fee separately but while looking into the aspect of cause of action, in course of perusal of Annexure ‘P7’, this Court finds that these petitioners were outsourced through an Agency who had been given contract for man-power supply.
This Court further finds that vide memo no. 1105 dated 30.08.2022 (Annexure ‘P7’), the Incharge Principal of Rajkiya Chikitsha Mahavidyalaya, Bettiah, West Champaran has, in view of the objections of the Senior Accounts Officer, office of the Accountant General (Account and Audit), stopped the engagement through outsource.
This Court finds that even as these petitioners claimed that they have common cause of action, the fact is that the Agency through whom they were working has not joined the writ petition. These petitioners, in the opinion of this Court, cannot maintain a writ application on their own in absence of
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the Agency who had been awarded the contract for man-power supply.
In such circumstances, this Court finds no reason to
proceed with this writ application. It is dismissed.
(Rajeev Ranjan Prasad, J.)
Rajeev/-
U
1 issue framed by the court
Whether a writ application filed by outsourced manpower employees without the contract-holding agency can be maintained.
Rakesh Prasad and others
The State of Bihar
R.L. Enterprises
Additional Chief Secretary, Health Department
Additional Secretary, Health Department
Joint Secretary, Health Department
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
