Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5491 of 2025 ====================================================== 1.

Ashish Kumar S/o Dilip Kumar Singh R/o Village-Amauna, P.O-Sunderganj P.S- Risiup, District-Aurangabad presently residing at Flate No.-103B, Sri Ram Parishar Patel Nagar, Road No.-11 Patna.

2.

Md. Akbar S/o Md Ataul Rahaman R/o Village-Bishnupur Ahok P.SKhagariya, District- Begusarai. 3.

Soni Kumari W/o Yashbant Kumar R/o Tulapatti ward no.-10, P.S -Peepra, District-Supaul 4.

Sindhu Kumari W/o Sona Kumar Singh Tulapatti ward no. 10, P.S - Peepra, District-Supaul 5.

Awdhesh Kumar Singh S/o Shaligram Prasad Singh ward no.-14 Hardi West Village-Ithahari, P.S- Supaul, hardi District- Supaul 6.

Kumari Rita W/o Ajiet Kumar R/o Bhadai P.S- Hathauri, DistrictMuzaffarpur. 7.

Ajeet Kumar S/o Ram Pravesh Singh R/o Bhadai P.S- Hathauri, DistrictMuzaffarpur. 8.

Yashbant Kumar S/o Neelam Kumar Singh R/o Tulapatti, P.S-Peepra, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Cooperative Department, Government of Bihar Patna.

2.

The Additional Chief Secretary cum Principal Secretary, Department of cooperative, Bihar Patna.

3.

The Additional Chief Secretary cum Principal Secretary, Department of Finance, Bihar Patna.

4.

The Secretary (Expenditure) Department of Finance, Bihar Patna. 5.

The Secretary, Department of cooperative, Bihar Patna. 6.

The Registrar Cooperative Societies, Bihar Patna. 7.

The Deputy Registrar Cooperative Societies, Bihar Patna. 8.

The Joint Registrar Cooperative Societies, Koshi Division, Saharsa. 9.

The Assistant Registrar Cooperative Societies, Madhepura 10.

The Assistant Registrar Cooperative Societies, Supaul 11.

The District Cooperative Officer, Madhepura 12.

The District Cooperative Officer, Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Manoj, Adv.

For the Respondent/s :

Mr. Ramadhar Singh, GP25

2/4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-04-2025 Heard Learned Counsel for the petitioners and Learned Counsel for the State.

2. Learned Counsel for the petitioners submits that the present writ petition has been filed for directing the respondents to absorb the services of petitioners under the offices of Respondent State in light of Resolution no.-796 dated02.02.2018 (Annexure-P/5) issued by Respondent no.-1 with further direction for payment of consequential benefits to the petitioners.

3. Counsel for the petitioners further submits that petitioners have filed representation before the Additional Chief Secretary, Cooperative Department, Patna (respondent No.2). He further submits that in identical matter, this Hon'ble Court has pleased to disposed off the writ petition vide order dated 24.01.2024 passed in C.W.J.C. No.16492 of 2021 in which the petitioners were granted liberty to file representation before the Additional Chief Secretary -cum- Principal Secretary, Department of cooperative, Patna for redressal of their grievances.

4. Counsel further submits that in the present case, representation is pending vide Annexure-P/6 series, but till date,

3/4 no decision has been taken and therefore, petitioners have moved before this Hon'ble Bench.

5. Counsel for the State submits that in the writ petition i.e., C.W.J.C. No.16492 of 2021, this Hon'ble Court without entering into merit and demerit of this case and only instructed to the respondent No.2 to pass a reasoned and speaking order by way of deciding the representation of the petitioners.

6. Upon hearing the parties and perusal of the order passed in C.W.J.C. No.16492 of 2021 which states as follows:- The present writ petition has been filed seeking the following relief:- "1. That this application is being filed for issuance of appropriate writ/writs commanding the respondents to absorb the services of petitioners under the offices of Respondent State in light of Resolution no. 796 dt. 2.02.2018 (Annexure-5) issued by Respondent no. 4 with further direction for payment of consequential benefits."

2. At the outset, the learned counsel for the petitioners seeks. liberty on behalf of the petitioners to file appropriate representation before the Additional Chief Secretary-cum- Principal Secretary, Cooperative Department, Bihar, Patna, i.e. the Respondent No. 2, for redressal of their aforesaid grievances. Liberty, so sought, is

4/4 granted.

3. It is needless to state that in case the petitioners approach the Respondent No. 2,. by filing appropriate representation, within a period of two weeks from today, the same shall be disposed off, by a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

It transpires to this Court that the matter of C.W.J.C. No.16492 of 2021 is similar to the present case. As such, the present writ petition is hereby disposed off granting liberty to petitioners to take redressal by filing appropriate representation before the Additional Chief Secretary -cum- Principal Secretary, Department of cooperative (respondent No.2), who shall pass a reasoned and speaking order on the same within 90 days from the date of production of this order.

7. With the aforesaid directions and observations, the present writ application stands disposed off. (Dr. Anshuman, J.) Prakashmani/- U