Muni Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3736 of 2020 ====================================================== Muni Lal Das Son of late Kokil Das, R/o House No.- 129, Naya Chhawani, P.O. and P.S. Bariyarpur, District- Munger, At Present Posted as Group Instructor , I.T.I. Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Additional Chief Secretary, Labour Resource Department, Govt. of Bihar, Patna.

3.

The Director, Employment and Training, Labour Resource Department, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhojot Singh, Advocate For the Respondent/s :

Mr. Anuj Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the State. Petitioner in the present case is seeking quashing of the memo no.2164 dated 18.10.2019 issued by the Additional Chief Secretary, Labour Resources Department, Bihar, Patna whereby and whereunder the transfer of the petitioner as Group Instructor in I.T.I. Kahalgaon, Bhagalpur has been cancelled with immediate effect.

Learned counsel for the petitioner points out that vide Annexure- '6' to the writ application, at the instance of the persons identically situated the memo no.2164 dated 18.10.2019 (Annexure- '1') has already been quashed by this Court. The petitioners in the said case were directed to continue in their

Patna High Court CWJC No.3736 of 2020(2) dt.20-04-2023 2/2 respective places of posting and this Court directed the respondents to pay their salary from the dates the same have been withheld. It is submitted that the case of the petitioner is squarely covered by the judgment of this Court in CWJC No.21464 of 2019.

Learned counsel for the State submits that perhaps the State has filed a Letters Patent Appeal in this matter, however, there is no order of stay by the Hon'ble Division Bench. Be that as it may, since the issues involved in this writ application have already been adjudicated by this Court in CWJC No.21464 of 2019, the respondents are required to follow the same judgment in case of the petitioner also. This writ application is, therefore, disposed of in terms of the judgment of this Court in CWJC No.21461 of 2019. (Rajeev Ranjan Prasad, J) arvind/- U