Patna High CourtCWJC/15524/2014disposed

Anil Kumar v. The State Of Bihar And ORS

2018-07-17Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15524 of 2014 ===========================================================

1. Anil Kumar Son of Late Bishram Bhagat resident of Adarsh Nagar Colony, Panch Mandir Road, P.S. Keshri Nagar, Patna- 24, presently posted as Routine Clerk, Mines and Archeology Department, Government of Bihar, Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Mines and Archeology Department, Government of Bihar, Patna

2. The Principal Secretary, Department of Mines and Geology Department, Government of Bihar, Patna

3. The Under Secretary, Department of Mines and Geology Department, Government of Bihar, Patna

4. The Principal Secretary, Department of General Administration Department, Government of Bihar, Patna

5. The Joint Secretary, Department of General Administration Department, Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anand Ojha, Advocate For the State : Mr. Ranjan Kumar Singh, AC to PAAG 2 For the Mining : Mr. Naresh Dikshit, Advocate Ms. Kalpana, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 17-07-2018 It is common agreement between the parties that the petitioner's deprivation occasioned on account of the impugned order dated 27.08.2013 bearing letter No. 13989 issued by the Joint Director in the General Administration Department as also the consequential office order dated 04.08.214 bearing memo no. 3019 stands covered under the judgment of this Court passed in the case of Binit Kumar & Ors., vs. the State of Bihar & Ors., in C.W.J.C. No. 9921 of

Patna High Court CWJC No.15524 of 2014 dt.17-07-2018 2/2 2017. The said judgment has been affirmed by the Division of this Court recently on 11.07.2018.

2. In view of the position noticed above, the respondents may pass a fresh order after reconsidering the petitioner's entitlement in light of the declaration made by this Court in the case of Binit Kumar (supra).

3. The writ petition is disposed off.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date 18.07.2018 Transmission Date