Patna High Court
Gorakh Nath RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RANJAN KUMAR JHA
Holding
The court held that the petitioner must file a fresh representation and the respondent must decide the regularisation claim within six weeks, providing a hearing.
Summary
The petitioner, Gorakh Nath Ram, a night guard employed at a Scheduled Castes and Scheduled Tribes welfare hostel in Buxar, filed a writ petition seeking regularisation of his service and payment of back wages from October 2016. He claimed entitlement to regular appointment under the terms of a settlement between the Welfare Officer and employees, and invoked the principle of equitable justice. The petition also relied on a recent Supreme Court judgment in Bholanath v. State of Jharkhand (2026 INSC 99) concerning regularisation of contractual staff. The High Court directed the petitioner to file a fresh representation of his claim and ordered the respondent department to decide the matter within six weeks, ensuring a hearing for the petitioner. The court disposed of the writ petition with these directions, without ordering immediate back‑wage payment.
Issues considered
- What is the legal basis for regularising a contractual night‑guard employed under the SC/ST Welfare Department?
- Whether the petitioner is entitled to back wages from October 2016 pending regularisation?
- How does the Supreme Court decision in Bholanath v. State of Jharkhand (2026) affect the petitioner’s claim?
Subjects
- regularisation
- contractual employee
- back wages
- SC/ST welfare
- equitable justice
- writ petition
- hearing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8832 of 2026
======================================================
Gorakh Nath Ram Son of Bishnu Prasad Ram Resident of Mohalla-
Musafirganj, Buxar, P.S. Buxar Town, District Buxar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary SC/ST and B.C. and
Minority welfare Department Govt. of Bihar, Patna.
2. The Director Schedule cast and Schedule Tribes and Backward Class
Welfare Department, Bihar, Patna.
3. The District Magistrate, Buxar, District- Buxar.
4. The District Welfare Officer, Buxar, District Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Pathak, Advocate
For the State : Mr. Vikramadit, AC to SC-22
======================================================
CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the parties.
2. This writ petition has been filed for following
reliefs:
“(i) For direction to the respondent
authorities to appoint the petitioner on regular
basis as per his earlier Service and also as per
term of settlement between Welfare Officer Buxar
and employees and regularize the Service of the
petitioner as per Government Scheme.
(ii) For direction to respondent
authorities to pay the entire admitted dues of
petitioner for his daily wages salary from October
2016 till date.
(iii) For any other relief/reliefs for which
Patna High Court CWJC No.8832 of 2026(2) dt.23-06-2026
2/2
petitioner shall be found entitled under the fact and
circumstances of the case under principle of
equitable justice.”
3. The matter relates to regularization. The case of
petitioner is that he has been appointed as Night Guard in
Jannayak Karpuri Thakur E.B.C. Welfare Hostel run by
Scheduled Castes and Scheduled Tribes and Welfare
Department, Government of Bihar. Keeping in view the prayer
and the recent judgment of Hon’ble Apex Court reported in
Bholanath vs. State of Jharkhand & Ors. reported in 2026
INSC 99.
4. The petitioner will file a fresh representation stating
out his claim and respondent No.2 is directed to take a decision
in view of the judgment of the Hon’ble Apex Court referred
herein before within a period of six weeks.
5. It goes without saying that while taking a decision,
petitioner or his legal representative be given a hearing.
6. This writ petition is disposed of with aforesaid
direction.
(Ranjan Kumar Jha, J)
Rishabh, Atul/-
U
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