CIVIL WRIT JURISDICTION CASE No.4111 OF 1997 In the matter of an application under Article 226 of the Constitution of India. SUDERSHAN PRASAD, SON OF LATE RAM SUNDER RAM, RESIDENT OF MOHALL ALKAPURI, P.S. GARDANIBAGH, DISTRICT PATNA -------------------Petitioner Versus 1. THE PATNA MUNICIPAL CORPORATION THROUGH ITS ADMINISTRATOR. 2. THE ADMINISTRATOR OF PATNA MUNICIPAL CORPORATION. 3. THE DEPUTY ADMINISTRATOR OF THE PATNA MUNICIPAL CORPORATION. 4. THE ASSISTANT ADMINISTRATOR OF THE NUTAN RAJDHANI ANCHAL UNDER THE PATNA MUNICIPAL CORPORATION. 5. THE OFFICE SUPERINTENDENT OF THE HEAD OFFICE OF THE PATNA MUNICIPAL CORPORATION -------------------Respondents ----------- For the Petitioner : Mr. Dr.Harendra Nath Ojha, Advocate. For the Corporation : Mr. Vishwabibhuti Kr. Singh, Advocate. P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N. Sinha,J Heard learned counsel for the petitioner and the Patna Municipal Corporation(hereinafter referred to as the Corporation). 2. Petitioner was initially engaged with the Corporation as Meth but was regularized as Safai Majdoor along with others under office order No.15 bearing Memo No.52 dated 18.1.1984, Annexure-7. 3. It is submitted on behalf of the petitioner 2 with reference to the averments made in paragraphs-9 and 23 of the writ petition that even prior to his regularization on the post of Safai Majdoor petitioner is performing the duties of Sanitary Supervisor in compliance of the order bearing Memo No.863 dated 10.5.1983, Annexure-6. Even on date he is discharging the duties of the Sanitary Supervisor. Notwithstanding the fact that petitioner is discharging the duties of the Sanitary Supervisor with effect from 12.5.1983 he is being paid salary and emoluments of the post of Safai Majdoor, which is arbitrary, infracting Articles 14, 23 of the Constitution of India, petitioner is required to be regularized on the post of Sanitary Supervisor and paid arrears of difference of salary of the said post. 4. The fact that petitioner is serving the Corporation as Sanitary Supervisor with effect from 12.5.1983 has not been controverted by filing counter affidavit. Counsel for the Corporation, however, states that petitioner may have been discharging the duties of the Sanitary Supervisor with effect from 12.5.1983 in the light of order dated 10.5.1983, Annexure-6, but it is not known whether such order was passed considering the case of other Safai Majdoors who are senior to the petitioner and in consideration of such fact this Court while directing the Corporation to consider the case of 3 the petitioner for regularization on the post of Sanitary Supervisor should direct the Corporation to also take into account the case of the other senior Safai Majdoors serving on the post of Sanitary Supervisor. 5. Having heard counsel for the parties, I direct the authorities of the Corporation to consider the case of the petitioner for regularization on the post of Sanitary Supervisor taking into account the service rendered by him on the said post with effect from 12.5.1983 but while making such regularization case of other senior Safai Majdoors, who are serving as Sanitary Supervisor should also be taken into account. In the event, regularization is allowed, petitioner be paid arrears of difference of salary of the post of Sanitary Supervisor with effect from the date regularization is allowed. Necessary consideration in compliance of my order be made, as early as possible, in any case within two months from the date of receipt/production of a copy of this order. 6. The writ application is, accordingly, disposed of. Patna High Court, Patna Dated 9th Nov., 2010 NAFR/Rajesh/ ( V. N. Sinha, J.)