LAWS(PAT)-2022-11-57

DINESH PRASAD YADAV Vs. STATE OF BIHAR

Decided On November 21, 2022
Dinesh Prasad Yadav Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) Having been appointed without following any procedure as a Constable on 26/9/1997, the petitioner was subsequently dismissed, admittedly on 18/3/2002 pursuant to a departmental decision dtd. 4/9/2000 for terminating all similarly situated Constables, who were appointed without following any procedure and under "special circumstances". The same was never assailed by the petitioner for sixteen years. All of a sudden, in the year 2013, he has filed a representation requesting the Home Department, Government of Bihar to reinstate him, placing reliance on certain orders passed by this Court in the case of others, who, the petitioner claims to be similarly situated.

(3.) Learned counsel for the petitioner submits that having regard to the Bihar State Litigation Policy 2011, specifically Clause 4.C (1) thereof, the petitioner's case should be considered as "a covered matter" and relief/s should be granted to him in terms of the orders passed in LPA No 1746 of 2010 (Deepak Kumar -Versus- State of Bihar and Others) in the year, 2011. LPA No 1167 of 2009 dtd. 8/8/2011 (State of Bihar and Others -Versus- Md Manzoor Alam), CWJC No 3799 of 2006 dtd. 23/7/2012 (Satish Chandra Jha -Versus- State of Bihar and Others), LPA No 690 of 2006 dtd. 23/5/2007 (Mithilesh Kumar Singh -Versus- State of Bihar and Others) and Division judgment in the case of Umesh Kumar Verma and Another -Versus- State of Bihar and Others in LPA No 1584 of 2017 dtd. 31/1/2018.