A civil writ petition filed by an employee seeking regularization on a vacant sanitation post where he had worked continuously from 2016. The High Court noted the vacancy and failure of the District Magistrate to regularize or advertise the post.
Directed the District Magistrate to take action to regularize the petitioner and similarly situated persons.
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.12649 of 2024
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Raja Bali Ram Son of Sudarshan Ram, Resident of Village Shahpur, P.S. Shahpur, District Bhojpur.
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Bhushan Singh, Advocate For the Respondent/s : Mr. Government Pleader (07) ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 27-08-2024
Heard learned counsel appearing on behalf of the petitioner and the learned GP no.7 for the State.
“(i) For issuance of an appropriate writ/order or direction to the respondents for regularization of this petitioner on the sanction and vacant Post of Sweeper (Jharukas) Class-IV who was working in the Office of Respondent No.3 since 2016 as contained in Annexure-2.
(ii) For issuance of an appropriate writ/order or direction to respondents for abide the Article-14, 16, 21 and 46 of the Constitution of India which has been ignored and avoided by the respondents and specifically by Respondent No.2.
(iii) For issuance of appropriate writ/order or direction to respondents for payment for remaining work done period as a daily wages worker in Office of Respondent No.3 for years.
(iv) For issuance of appropriate writ/order or
Patna High Court CWJC No.12649 of 2024(2) dt.27-08-2024 2/3
direction to Respondents as required at the time of hearing and other reliefs sought for adjudication.”
Patna High Court CWJC No.12649 of 2024(2) dt.27-08-2024 3/3
discontinuation of the petitioner from work will not affect considering the fact that the post of Jharukas is vacant and the District Magistrate is not taking any effort either to regularize or appoint Jharukas.
(Purnendu Singh, J)
chn/durgesh U
3 issues framed by the court
Whether the petitioner is entitled to regularization on a sanctioned and vacant post having worked continuously since 2016.
Whether the respondents must adhere to Article 14, 16, 21, and 46 of the Constitution by regularizing the petitioner.
Whether the District Magistrate must be directed to take steps to regularize the petitioner and similarly situated persons.
Colour shows how this judgement treated each authority
Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors.Applied¶25
Secretary, State of Karnataka & Ors. Vs. Uma Devi & Ors. (2006) 4 SCC 1 · Who else cites this
3 provisions across 3 enactments
Raja Bali Ram
State of Bihar
District Magistrate of Bhojpur
Block Development Officer, Shahpur Block
Sub Divisional Officer, Jagdishpur
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
