CIVIL WRIT JURISDICTION CASE No.3912 OF 1997 In the matter of an application under Article 226 of the Constitution of India RAM BABU SINGH, SON OF LATE NARESH PRASAD SINGH, RESIDENT OF MOHALL DUJRA CHACK, P.S. BUDHA COLONY, 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 order bearing memo No.780 dated 29.8.1984, Annexure-4. Even earlier to his regularization as Safai Majdoor petitioner discharged the duties of Sanitary Supervisor by virtue of his deputation on the said post in ward nos.5 and 6 vide order dated 26.3.1979, which is admitted in paragraph-4 of the counter affidavit filed on 2 behalf of the Corporation. 3. It is submitted on behalf of the petitioner that since 26.3.1979 till date petitioner is discharging the duties of the Sanitary Supervisor but is being paid salary of the post of Safai Majdoor. It is also submitted that such discharge of duties of the higher post and payment of salary of the lower post is arbitrary infracting Articles-14, 23 of the Constitution of India and petitioner is entitled for regularization of the post of Sanitary Supervisor as he discharged the duties of the said post for more than 30 years. 4. Counsel for the Corporation has opposed the prayer made in the writ petition. He states that from the averments made in the counter affidavit it appears that petitioner is discharging the duties of the Sanitary Supervisor with effect from 26.3.1979 but it does not appear from the counter affidavit that deputation of the petitioner on the post of Sanitary Supervisor was made after considering the case of other senior persons, as such, order of regularization of the services of the petitioner on the post of Sanitary Supervisor may be made with a rider that while regularizing the petitioner on the post of Sanitary Supervisor, the case of other senior Safai Majdoors who are serving as Sanitary Supervisor may also be considered. 5. I see substance in the submissions made by 3 the counsel for the parties. Accordingly, 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 26.3.1979 but while making such regularization case of other senior Safai Majdoors, who are serving as Sanitary Supervisor should also be taken into account. In case, request of the petitioner for regularization on the post of sanitary supervisor is allowed, in compliance of the consideration made in the light of this order, petitioner be paid arrears of difference of salary of the higher post of Sanitary Supervisor with effect from the date he is regularized on that post. Authorities of the Corporation should consider the case of the petitioner for regularization with effect from the date he is discharging the duties of the post of Sanitary Supervisor. Necessary consideration in compliance of this 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.)