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2024 Supreme(Online)(Pat) 1742

PATNA HIGH COURT
Amit Kumar – Appellant
Versus
The State of Bihar – Respondent


ORAL JUDGMENT

(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 22-01-2024 The writ petition is filed for regularisation of services of the petitioners, which was rejected by the learned Single Judge, against which the present appeal is filed.

2. The writ petition sought for a mandamus to the authorities to grant approval for regularisation of services, as recommended by the Executive Officer, Nagar Parishad, Forbesganj. The petitioners also claim for pay and benefits with retrospective effect from 26.08.2016; the petitioners having been appointed on contract basis between 2008 to 2011.

3. The learned Single Judge found that there was no policy of the State regarding regularisatoin of contractual employees and the decision in Secretary, State of Karnataka & Ors. v. Uma Devi(3) & Ors.; (2006) 4 SCC 1 read with the Full Bench decision of this Court in Ram Sevak Yadav & Anr. Vs.

The State of Bihar & Ors.; 2013(i) PLJR 964, does not apply.

4. It is not for the Executive Officer to frame a policy for the State nor is the State bound by the recommendation made by an Executive Officer. Uma Devi (supra) found the regularisation and permanent continuance of temporary, contractual, casual, daily-wage and

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