Janeshwar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 2141 of 2016 ====================================================== Janeshwar Yadav S/o late Talim Yadav Resident of Mohalla- Shivjaji Nagar, Makhdumpur Bagicha, P.O. Digha Ghat PS Digha, District Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Social Welfare Department, Govt of Bihar, Patna. 3.

The Joint Secretary, Social Welfare Department, Govt. of Bihar, Patna. 4.

The Director, Integrated Child Development Service, Bihar, Indira Bhawan, 2nd Floor, Boring Canal Road, Patna 5.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

6.

The Principal Secretary, General Administration Department, Main Secretariat, Patna.

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

For the Petitioner/s :

Mr Krishna Ranjan, Advocate For the Respondent/s :

Ms Binita Singh, SC XXVIII withheld Mr Apurv Harsh, AC to SC XXVIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and the respondent-State.

The petitioner, in the instant proceedings, claims that he should be treated as having retired from the post of Personal Assistant (for brevity, PA) in light of the adjudication in his favour in the proceedings arising out of his earlier writ petition bearing CWJC No 10016 of 2007.

If the petitioner's right has already been adjudicated in the said proceedings arising out of CWJC No 10016 of 2007

Patna High Court CWJC No.2141 of 2016(3) dt.28-02-2019 2/2 to continue on the post of PA till his date of superannuation, then any violation of the said direction, if it has been occasioned by issuing Annexure 9, would require the petitioner to take recourse to appropriate proceedings in view of alleged violation of the adjudication in his favour in the proceedings arising out of CWJC No 10016 of 2007.

Without expressing any opinion on the merits of the said submission, the writ petition is disposed of. Petitioner would be at liberty to take recourse to appropriate proceedings for enforcement of the said orders passed in CWJC No 10016 of 2007.

(Madhuresh Prasad, J) M.E.H./- U