Patna High Court
Anil Jha @ Anil Kumar Jha and OrsversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- BIBEK CHAUDHURI
Holding
The Court held that the petitioners are not entitled to immediate regularization but may file fresh representations, which the respondents must decide on within six weeks.
Summary
The petitioners, a group of ad‑hoc employees of Bihar State Hydroelectric Power Corporation, sought regularization based on a 2013 Government of Bihar letter that directed consideration of ad‑hoc staff appointed before 3 September 1998 as regular employees. They filed representations in 2015, which the respondents failed to dispose of. The petitioners argued that, in light of the Supreme Court’s decision in Secretary, State of Karnataka v. Umadevi (2006) 4 SCC 1 mandating one‑time regularization of ad‑hoc staff, they should be granted regularization. The Court declined to order immediate regularization, instead directing the petitioners to file fresh representations and directing the respondents to decide those representations within six weeks. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners are entitled to regularization as ad‑hoc employees under the 2013 Government of Bihar letter and the Supreme Court’s directive in Umadevi.
- Whether the Court should direct the filing of fresh representations and set a timeline for disposal.
Subjects
- regularization
- ad‑hoc employees
- public sector employment
- writ petition
- representation
- Supreme Court directive
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1192 of 2017
======================================================
1. Anil Jha @ Anil Kumar Jha and Ors S/o late Mahendra Jha Presently
working as Peon, Bihar State Hydroelectric Power Corporations Ltd, Sone
Bhawan, Birchand Patel Marg, Patna.
2. Rajan Ram S/o late Ram Das Ram Presently working as Peon, Bihar State
Hydroelectric Power Corporations Ltd, Sone Bhawan, Birchand Patel Marg,
Patna.
3. Ashok Kumar S/o late Sona Singh Presently working as DriverChalak, Bihar
State Hydroelectric Power Corporations Ltd, Sone Bhawan, Birchand Patel
Marg, Patna.
4. Laxman Prasad S/o late Ram Prasad Presently working as Khalasi, Purvi
Gandak Hydroelectric Project, Balmiki Nagar, West Champaran.
5. Hakim Prasad Mahto S/o Dhanraj Mahto Purvi Gandak Hydroelectric
Project , Balmiki Nagar, West Champaran.
6. Moti Chand Sah S/o late Ramdahin Sah Presently Working as Driver,Chalak
Bihar State Hydroelectric Power Corporations Ltd, Sone Bhawan, Birchand
PatelMarg, Patna.
7. Laxman Ram S/o Girja Ram Presently working as DriverChalak, Bihar State
Hydroelectric Power Corporations Ltd, Sone Bhawan, Birchand Patel Marg,
Patna.
8. Mahesh Prasad S/o late Sakaldeep Singh Presently Working as typist- Cum-
Clerk Class-iii Kataiya Hydro Power Station, Kataiya, Birpur, Supaul.
9. Arjun Kumar Singh S/o Dinanath Rai Presently working as Peon, Bihar
State Hydroelectric Power Corporations Ltd, Sone Bhawan, Birchand Patel
Marg, Patna.
... ... Petitioner/s
Versus
1. The State Of Bihar through Secretary, Department of Energy, Govt. of Bihar,
Patna.
2. Deputy Secretary, Department of Energy , Govt. of Bihar, Patna.
3. Deputy Secretary, Department of Finance, Govt. of Bihar, Patna.
4. Bihar State Hydroelectric Power Corporation Limited, Sone Bhawan,
Birchand Patel Marg, Patna, through its Managing Director.
5. Managing Director, Bihar State Hydroelectric Power Corporation Limited,
Sone Bhawan, Birchand Patel Marg, Patna
6. Chairman, Bihar State Hydroelectric Power Corporation Limited, Sone
Bhawan, Birchand Patel Marg, Patna
7. Director Karmik and Prasashan, Bihar State Hydroelectric Power
Corporation Limited, Sone Bhawan, Birchand Patel Marg, Patna.
8. Manager Karmik and Prasashan, Bihar State Hydroelectric Power
Corporation Limited, Sone Bhawan, Birchand Patel Marg, Patna.
Patna High Court CWJC No.1192 of 2017(7) dt.17-02-2026
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... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.K.K. Sinha, Advocate
For the Respondent/s : Mr.S.P. Singh- GA3
Mr.Indeshwar Prasad, AC to GA 3
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
7 17-02-2026 The petitioners are fighting legal battle for last 9 years
for regularization on the basis of Government of Bihar, Energy
Department, Official Letter No. 3641 dated 15 th of July, 2013,
by virtue of which the decision taken by the Managing
Committee to the effect that the employees who were appointed
as ad-hoc employees prior to 3rd of September, 1998 would be
considered for their observation in the department as regular
employees. On the strength of such letter communicating the
decision of the Managing Committee, the petitioners made
representations vide an Annexure P18 and P19 on 11th of
October, 2015 and 3rd of November, 2015 respectively for
regularization. However, the respondents failed and neglected to
dispose of the said representations till date.
2. In the meantime, many of the writ petitioners
retired from services on attainment of age of superannuation.
3. Learned Advocate on behalf of the
Respondent/Corporation in usual fairness and frankness submits
that if Managing Committee had taken such decision that the ad-
Patna High Court CWJC No.1192 of 2017(7) dt.17-02-2026
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hoc employees who joined the department prior to 3 rd of
September, 1998, would be regularized. The respondents ought
to have considered the representations in the light of the above
decision.
4. At this stage, the learned Advocate for the
petitioners submits that the petitioners may be permitted to file
fresh representations in the line of their previous representations
because during the pendency of the writ petition, the scope of
regularization of ad-hoc / contractual employees has changed
substantially.
5. This Court is aware of the fact that in the case of
Secretary, State of Karnataka and Ors. vs. Umadevi and Ors
reported in (2006) 4 SCC 1, the Hon’ble Supreme Court
directed all the departments to take one time measure for
regularization of ad-hoc / contractual employee. The said
judgement was passed by the Hon’ble Supreme Court post
2017.
6. Under such circumstances, the petitioner is given
liberty to make fresh representations in the light of the
representations annexed with the writ petition and relying the
judgement of Umadevi (supra) within 3 weeks from the date of
this order.
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7. If such representation(s) is / are filed, the
respondent authority shall dispose of the same by passing a
speaking order within six weeks from the date of receipt of the
representation.
8. with the above direction, the instant writ petition is
disposed of.
(Bibek Chaudhuri, J)
uttam/-
U
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