IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4798 of 2007
Nandeshwar Prasad, S/O of Late Devan Prasad, resident of
Village:- Chakjalal, P.O.- Khjajurar, P.S. Bhadaur, District
Patna ... ... Petitioner
Versus
1. The State Of Bihar through Commissioner-cum-
Secretary, Water Resources Department, Govt. of
Bihar, Patna
2. Special Secretary, Water Resources Department, Govt.
of Bihar, Patna
3. Engineer-in-Chief (Central), Water Resources
Department, Bihar, Patna
4. Chief Engineer, Water Resources Department
(Irrigation) Department, Bihar, Patna
5. Executive Engineer, Punpun Flood Protection
Division, Patna ... Respondents
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For the Petitioner :Mr. Shambhu Sharan Singh, Advocate
For the State :Mr. Dhirendra Kumar, A.C. to AAG-14
02/ 17.10.2011 Heard learned counsel for the
petitioner and the State.
2. Petitioner is serving as Assistant
Caretaker in the Kosi Rest House, Patna on daily
wage basis with effect from 1.5.1979.
3. It is submitted on his behalf that he
is being paid the wages of Class IV employees,
but is actually discharging the duties of
Caretaker, which is a Class III post. In support
of such fact, counsel for the petitioner has
referred to the letter of the Chief Engineer,
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bearing Memo No. 183 dated 16.3.1983,
Annexure-A in which designation of the
petitioner has been mentioned as Caretaker of
the Kosi Rest House, Patna.
4. Counsel for the State has opposed
the prayer and states that petitioner is being paid
the wages of Class IV employees, as he was
engaged to discharge the duties of Class IV post.
The Chief Engineer under letter dated 16.3.1983
casually described the petitioner as Caretaker.
Such description will not vest the petitioner with
any right to hold and receive salary of Class III
post.
5. I see substance in the submission
and, accordingly, direct the State- respondents to
consider the case of the petitioner for
regularization as Class IV employee as early as
possible, in any case within two months from the
date of receipt/ production of a copy of this
order before the Principal Secretary of the
Department taking into account the fact that
petitioner is discharging the duties of Assistant
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Caretaker with effect from 1.5.1979.
6. The writ petition is, accordingly,
disposed of.
Arjun/ ( V. N. Sinha, J.)