← Library
Patna High CourtCWJC/14633/2018disposed

Kamlesh Kumar Ram And ANR v. The Union Of India And ORS

2025-01-30Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14633 of 2018 ====================================================== 1.

Kamlesh Kumar Ram and Anr Son of Hans Raj Ram, resident of VillageJagdish Pur Dharmu, P.S.- Paroo, District- Muzaffarpur- 843112 2.

Shiv Chandra Ram, Son of Liyakat Ram, resident of Village- Maniyari, P.O.- Silaut, District- Muzaffarpur- 843119 ... ... Petitioner/s

Versus

1.

The Union Of India 2.

The Chairman, Railway Board, Rail Bhawan, New Delhi- 110011 3.

The Director General, Railway Protection Force, Railway Board, Rail Bhawan, New Delhi- 110011 4.

The General Manager, East Central Railway, Hajipur, District- Vaishali844101 5.

Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, District- Vaishali.

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

For the Petitioner/s :

Mr.Sushil Kumar Ray, Advocate For the Respondent/s :

Mr.Anil Kumar Sinha, Advocate For UoI :

Mr. Ratnesh Kumar, Advocate Mr. Lokesh Kumar, Advocate Mr. Sumit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-01-2025 Learned counsel for the petitioners and learned counsel for the respondents are present.

2. The present Writ Petition has been filed seeking a direction to the respondents to appoint the petitioners to the post applied for, as per Employment Notice No. 01/2008, and to extend all benefits granted to the appellants in LPA No. 1512 of 2014, pursuant to the order dated 13.01.2016, allowing the LPA.

3. Learned counsel for the petitioners submits that the case of the petitioners is squarely covered by the decision dated

Patna High Court CWJC No.14633 of 2018(2) dt.30-01-2025 2/3 04.03.2024 in CWJC No. 6046 of 2018, titled Prakash Kumar and Ors. vs. the State of Bihar and Ors. He further submits that, in light of the decision in the aforesaid Writ Petition, the present petition may be disposed of, granting liberty to the petitioners to file a representation before respondent No. 5, namely, the Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur. The relevant paragraph four whereof is quoted hereinbelow :

"4. In the light of the submissions made by the parties, this Court directs respondent No.3, namely, the Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur that he shall pass a reasoned and speaking order on the representation filed by the petitioners within 90 days from the date of production of a copy of this order and after considering if it is found that the case of the petitioners is squarely covered with the case of the petitioners in the LPAs mentioned above then pass an order in favour of the petitioners."

4. Learned counsel for the Union of India submits that the Union of India has no objection, if the present Writ Petition may be disposed of in terms of the order passed in CWJC No. 6046 of 2018.

Patna High Court CWJC No.14633 of 2018(2) dt.30-01-2025 3/3

5. In light of the submissions made by the parties, the present Writ Petition stands disposed of with a direction to respondent No. 5, namely, the Chief Security Commissioner, Railway Protection Force, East Central Railway, Hajipur, to pass a reasoned and speaking order on the representation filed by the petitioners within 90 days from the date of production of a copy of this order. In doing so, if it is found that the case of the petitioners is squarely covered by the petitioners' case in L.P.A. No. 1512/2014 (Rajani Kant Ojha & Ors. vs. The Union of India & Ors.) and L.P.A. No. 447 of 2015 (The Union of India & Ors. vs. Rajani Kant Ojha & Ors.), an order in favor of the petitioners shall be passed.

(Dr. Anshuman, J) Ashwini/- U