IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4156 of 2011 ====================================================== RANJAN KUMAR SRIVASTAVA SON OF BAIDYANATH PRASAD SRIVASTAVA, RESIDENT OF VILLAGE NAYA TOLA, LAURIA, POST OFFICE AND POLICE STATION LAURIA, DISTRICT WEST CHAMPARAN .... .... Petitioner Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY 2. THE COMMISSIONER, TIRHUT DIVISION, MUZAFFARPUR 3. DISTRICT MAGISTRATE, BETTIAH, WEST CHAMPARAN. 4. DISTRICT ESTABLISHMENT DEPUTY COLLECTOR, BETTIAH WEST CHAMPARAN. 5. BLOCK DEVELOPMENT OFFICER, LAURIA, WEST CHAMPARAN. .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Dhirendra Nath Jha, Advocate. For the Respondent/s : Mr. subodh Kumar, AC to GP-14 ====================================================== 04. 08-12-2011 For the reasons indicated in the restoration application, C.W.J.C. No.2671 of 2007 is restored to its original file and number and taken up for consideration. 2. Restoration application is, accordingly, disposed of. 3. Heard learned counsel for the petitioner and the State. 4. It appears petitioner served as Jeep Driver in the Lauriya block within the district of West Champaran for the period between 22.10.1995-6.10.1998 but his engagement was subsequently dispensed with. He has filed this writ petition for a direction to the respondent authority to again engage him as also to 2 consider his case for regularization. 5. From the counter affidavit dated 26.02.2008 duly affirmed by Sri Sushant Kumar, Block Development Officer, Lauriya it appears that the authorities have not admitted the fact that petitioner was engaged as Jeep Driver in Lauriya block for the period between 22.10.1995-6.10.1998 as in paragraph-6 of the said counter affidavit it has been stated that burden of proving the fact that petitioner served as Jeep Driver in the said block for the aforesaid period is on the petitioner. In the concluding portion of paragraph-6 of the counter affidavit, it is, however, stated that in the light of the provisions of the Drivers Recruitment Order, 2005 vacancy for appointment on the post of driver in the Lauriya block shall be filled up as and when advertisement for such purpose is issued by the Staff Selection Commission, Bihar, Patna. It is further stated that when such advertisement is issued petitioner may apply and his case shall be considered for appointment as Driver. 6. In the light of the averments made in the said counter affidavit, I dispose of the writ petition. Rajesh/- (V.N. Sinha, J)