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Patna High Court

Anil Jha @ Anil Kumar Jha and OrsversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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
                                                     2/4




                                                           ... ... 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
                                            3/4




          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.
          Patna High Court CWJC No.1192 of 2017(7) dt.17-02-2026
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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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