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2006 DIGILAW 280 (PAT)

Bacha Prasad v. State Of Bihar

2006-03-30

NARAYAN ROY

body2006
Judgment 1. Heard counsel for the parties. 2. This writ application was filed for issuance of direction to the respondent authorities to regularise the services of the petitioners by way of adjustment in some other Departments of the Collectorate on the post of Assistant and female sweeper. 3. It is submitted by learned counsel for the petitioners that the petitioners had also requested the authorities for their adjustment in the Collectorate and even though sanctioned posts were existing, they were not considered by the authorities. It is further submitted that the petitioners during the pendency of this application retired and they should be treated to be adjusted against the sanctioned posts. It is also submitted that the petitioners have got their retiral dues, but they are yet to be paid their salary for the posts of assistant and sweeper in the Collectorate. 4. Owing to the prayer made on behalf of the petitioners to regularise their services, it is not understandable to the Court as to how the petitioners were paid their salary treating them to be permanent employees. It would further appear that the petitioners want their adjustment against the sanctioned posts. 5. It is not the case of the petitioners that they were adjusted on permanent basis against the sanctioned posts in the Collectorate nor any order has been brought on record justifying their claims. 6. In the counter affidavit filed on behalf of the State the claim of the petitioners has not been admitted, rather it is stated by learned counsel for the State that the claim of the petitioners for their adjustment has been rejected. 7. In this connection, reference has been made to annexures 6, 9 and 12 to the writ application. 8. Disputed questions of facts are involved in this writ application. 9. In this view of the matter, no writ can be issued in the matter to satisfy the claim of the petitioners. 10. For the reasons aforementioned, I find no merit in this writ application. 11. It is, accordingly, dismissed.