Mohammad Jahid Sajjid And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.193 of 2019 In Civil Writ Jurisdiction Case No.19097 of 2016 ====================================================== 1.

Mohammad Jahid Sajjid, S/o Late Jafir Udin Ansari Resident of Kutubudin Lane,Dariayapur,Sabji-Bagh,Dist. at Patna 2.

Ashok Kumar Mehta, S/o Late Ramasis Prasad Resident of outside Dwalpura,P.O. Begumpur,Patna City,Dist.at Patna 3.

Satyendra Kumar Gupta S/o Late Sita Ram Shah Resident of Awadesh Bihari Laner,Near Night School, Brampura,M.I.T.,Brampura,Dist.-at Muzaffarpur 4.

Rajeev Sinha S/o Late Shambhu Sharan Resident of Kusuinagar,Vivek Vihar Hanuman Nagar,Dist.-at Patna ... ... Appellant/s

Versus

1.

The State of Bihar.

2.

The Principle Secretary, Ministry of Finance Govt. of Bihar,Patna 3.

The Director, Department of Industry,Govt. of Bihar,Patna 4.

The Joint Director Department of Industry,Govt. of Bihar,Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rajesh Dayal, Advocate For the Respondent/s :

Mr. Namen Nayak, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 08-07-2024 The present L.P.A. is not maintainable at this stage for the reasons that learned Single Judge in his order dated 09.01.2019 passed in C.W.J.C. No. 19097 of 2016 observed as under:

"Learned counsel for the petitioners submits that during pendency of the writ petition

Patna High Court L.P.A No.193 of 2019(2) dt.08-07-2024 2/2 under office order dated 14.12.2018 the benefits of the post of Upper Division Clerk has been granted but the same is not in accordance with Annexure 1 as Annexure 1 requires the same to be granted with effect from 2000. Office order dated 14.12.2018 itself shows that the claim of the petitioners has been allowed but the year allowing the same is not final and conclusive and is subject to the final decision of the Hon'ble Apex Court in Civil Appeal No. 4880 of 2017 arising out of SLPC No. 29770 of 2015 as well as the outcome of the proceeding arising out of LPA No. 173 of 2018."

2. In the light of the above facts and circumstances, the present L.P.A. No. 193 of 2019 stands disposed of, reserving liberty to the petitioner to file fresh L.P.A. after disposal of Civil Appeal No. 4880 of 2017, arising out of SLPC No. 29770 of 2015.

(P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- U