PATNA, India, May 15 -- Patna High Court issued the following judgment on April 10:
1. This L.P.A has been filed challenging the order dated 24.06.2025 passed by the learned Single Judge in C.W.J.C No. 9626 of 2025 disposing of the writ petition and giving liberty to the petitioner to file fresh representation before the respondent no. 3 Chief Engineer, Water Resource Department, Government of Bihar, within a period of 30 days raising all the grievances which would be considered and disposed of by passing a reasoned and speaking order, strictly in accordance with law and in the light of Finance Department Resolution No. 5547 dated 03.07.2019 within a period of 90 days from the date of receipt/production of the copy of the order along with the representation.
It is stated by the learned counsel for the appellant that in pursuance of the impugned order, no representation was filed by the appellant before the respondent no. 3, but the appellant has preferred to challenge the impugned order in the present L.P.A.
2. The writ petition was filed seeking for a prayer to set aside the order contained in Memo No. 187 dated 17.01.2013 issued by the respondent no. 3 in refusing to regularize the services of the petitioner and also for a further direction to extend the benefit of regularization to the petitioner like similarly situated work charge employees and/or even junior to the petitioner as work charge employees. The petitioner has also challenged the order contained in memo no. 3953 dated 22.12.2023 issued under the signature of respondent no. 3 in rejecting his claim for regularization inter alia with other reliefs.
It is the case of the petitioner that he was appointed as Work Supervisor Grade II in the work charge establishment of Electrical-cum-Mechanical Division, Valmiki Nagar of Water resources Department on 20.12.1973 and continued to discharge his duty till his retirement w.e.f. 30.09.2012. After five years of completion of service, the petitioner proceeded on leave on account of illness with due sanction as per leave rules contained in the Bihar Service Code, joined his service and since he had not recovered fully from his illness, he again proceeded on leave and then he reported for joining on 09.05.2004.
It is the further case of the petitioner that State Government by its resolution no. 6394(2) dated 23.10.1987 put a blanket ban on any fresh appointment in the work charge establishment and decided to regularize the services of those work charge employees who had completed at least 5 years of continuous service till 21.10.1984 by taking them in the regular establishment and making them entitled to pension and other retiral benefits.
*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyM3NjIjMjAyNSMxI04=-CROZdUD4vvk=)
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