Ratneshwar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4613 of 2019 ====================================================== Ratneshwar kumar Son of Jitendra Kumar Srivastava Resident of VillageBhagar, P.O. Bhagar, P.S. Siswan, District-Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors through the Secretary, Panchayati Raj Department, Govt. of BIhar, New Secretariat, Patna 2.

The Joint Secretary, Panchayati Raj Department, New Secretariat Patna 3.

The District Magistrate, Siwan Bihar 4.

The Panchayati Raj Officer, Siwan Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Narayan Singh For the Respondent/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for directing the respondents to consider the candidature of the petitioner within the reserved quota for the dependents of the declared Freedom Fighter.

3. Counsel submits that the petitioner has participated in the process of selection on the post of Accountant-cum-I.T. Assistant under Mukhiya Mantri Gramin Peya Jal Nischay Yojna and Mukhya Mantri Gali-Nali Pakkikaran Nischay Yojna. He further submits that as per the Government of Bihar Notification dated 19.09.2018, the petitioner is entitled for 2%

Patna High Court CWJC No.4613 of 2019(3) dt.24-06-2024 2/3 reservation in the advertised posts for the Ward of the Freedom Fighter in the light of the notification made by the State of Bihar. He further submits that petitioner has filed his objection under Claim Reference No. CLA0001183 along with the required certificate dated 03.12.2016. He submits that writ petition has been filed for consideration of his claim.

4. Learned counsel on the other hand submits that his representation was duly considered by District Panchayati Raj Officer, Siwan and order has been passed on 12.01.2019 and it has been found that the petitioner due to the reasons mentioned in the said order dated 12.01.2019, not entitled for the said reservation as the petitioner lost his opportunity.

5. In response thereof, counsel for the petitioner submits that in the said order which has been annexed by the State at Page 14 of the counter affidavit, there is no mention of his Claim Reference No. CLA0001183.

6. Upon perusal of the order, it transpires to this Court that there is no mention of claim reference in the said order passed by respondent District Pancayati Raj Officer, Siwan.

7. In this view of the matter, the District Panchayati Raj Officer, Siwan is directed to pass order afresh on the representation with reference to Claim No. CLA0001183 within

Patna High Court CWJC No.4613 of 2019(3) dt.24-06-2024 3/3 90 days from the production of the order.

8. With this observation and direction, this writ petition stands disposed off.

(Dr. Anshuman, J) Sunnykr/- U