Nand Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17843 of 2016 ====================================================== 1.

Nand Kumar and Ors S/O- Sikandar Sah, Resident of Village- Kumhari, P.O.- Durgaganj, P.S.- Kadua, District- Katihar, Ref. No.- PDD/140278 2.

Manjay Kumar Jha, S/O- Badri Narayan Jha, Resident of village- Kataresh, P.O.- Katareah, P.S.- Kursela, District- Katihar, Ref. No.- PDD/272650 3.

Darmendra Kumar, S/O- Vasant Mahto, Resident of village- Jamai Tola, P.O.- A.G. Bazar Kursela, P.S.- Kursela, District- Katihar, Ref. No.- PDD/142908 4.

Pramod Kumar, S/O- Ramchandra Das, Resident of village- Alipur, P.O.- Dhurlakh, P.S.- Samastipur, District- Samastipur, Ref. No.- PDD/-030576 5.

Sanjay Kumar, S/O- Ramlakhan Ray, Resident of village- Kansara, P.O.- Bishanupur, P.S.- Rajapakar, District- Vaishali, Ref. No. 007018 6.

Arvind Kumar, S/O- Shiv Mangal Sah, Resident of village- Bahuarwa, P.O.- Palanwa, P.S.- Palanwa, District- East Champaran, Ref. No.- 138937 7.

Praful Kumar, S/O- Ramesh Prasad Yadav, Resident of village- Jankinagar, P.O.- Jankinagar, P.S.- Jankinagar, District- Purnia, Ref. No.- 133590 8.

Guddu Kumar, S/O- Asharfi Bhagat, Resident of village- Basauli, P.S.- Kudhni, District- Muzaffarpur, Ref. No.- 060147. ... ... Petitioners

Versus

1.

The State Of Bihar through the Chief Secretary 2.

The Principal Secretary Planning and Development Department, Govt. of Bihar, Patna.

3.

The Principal Secretary, Co-operative Department, Govt. of Bihar, Patna. 4.

The Director Department of Planning and Development (Directorate of Economics and Statistics), Govt. of Bihar Patna 5.

The Project Director Economics and Statistics under Planning and Development, Govt. of Bihar, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar & Mr. Sanjay Kumar For the Respondent/s :

Mr. Sanjay Prasad, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-02-2019 The parties agree that in respect of other similar matters the issues have been decided in the proceedings arising out of C.W.J.C No. 11550 of 2016.

Patna High Court CWJC No.17843 of 2016(2) dt.27-02-2019 2/2 In that case this Court has without interfering with the cabinet resolution directed that if and when the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the petitioners' claim may also be considered for their engagement having regard to their experience gained and training undergone by them. In this regard the Court has directed that due weightage be given to the petitioners including age relaxation.

Since the issue stands decided in the said case, it is jointly submitted that in terms of the judgment passed in C.W.J.C. No. 11550 of 2016 similar observations may be made in favour of the petitioners.

In view thereof this Court has no hesitation in directing that in case the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the claim of these petitioners' may be considered having regard to their experience gained and the training undergone and even if State would decide to look for fresh aspirants, due weightage be given to the case of these petitioners including age relaxation. Writ petition stands disposed off.

(Madhuresh Prasad, J) SNkumar/- U