Harihar Paswan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15405 of 2016 ===========================================================

1. Harihar Paswan, son of late Nandlal Paswan.

2. Ajay Kumar Paswan, son of late Chhabilal Paswan.

3. Bijay Kumar Paswan, son of late Chhabilal Paswan.

4. Ram Lakhan Paswan, son of late Chhabilal Paswan.

5. Pramukh Paswan, son of Dinesh Paswan.

6. Sanjay Kumar Rishi, son of Narayan Rishi. Petitioner no. 1 to 6 are residents of Gandhi Toley, P.S. Manihari, District Katihar.

7. Manoj Kumar Paswan, son of Kailash Paswan.

8. Munna Kumar Paswan, son of Kailash Paswan. Sl. No. 7 and 8 are residents of village- Patel Toley, P.S. Manihari, DistrictKatihar.

9. Hira Lal Ravidas, son of late Kisto Ravidas resident of village Azampur Gola, P.S. Manihari, District Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

2. The District Magistrate, Katihar.

3. The Deputy Development Commissioner, Katihar.

4. The Deputy Collector (Establishment), Katihar.

5. The Civil Surgeon-cum-Chief Medical Officer, Katihar.

6. The District Malaria Officer, Katihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Respondent/s : None.

=========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 19-06-2018 Heard Mr. Mukesh Kumar Jha, learned counsel appearing for the petitioners. There is no representation on behalf of the State. The nine petitioners pray for a direction to the respondents more particularly the District Magistrate, Katihar for empanelling them for appointment on Class IV post within the Katihar Collectorate pursuant to the appointment process initiated vide advertisement present at Annexure 10 to the writ petition.

Mr. Jha, learned counsel appearing for the petitioners relies upon an order of a coordinate Bench of this Court passed in CWJC No.17637

Patna High Court CWJC No.15405 of 2016 dt.19-06-2018 of 2010 (Sanjeewan Prasad Singh & Ors. vs. The State of Bihar) to submit that a similar issue fell for consideration and when the District Magistrate concerned was directed to take steps for empanelment of the said writ petitioners in terms of the guidelines in force. He thus prays for disposal of the claim in terms of the order so passed. The claim of the petitioners has not been contested in the counter affidavit filed rather at paragraphs 6, 10 and 14 of the counter affidavit the respondents do agree to the publication of the advertisement and preparation of the panel but which exercise has not been completed. Hence the writ petition.

Having heard learned counsel for the petitioners and considering that there is no dispute practically on the claim raised by the petitioners as reflecting from the stand present at paragraphs 6, 10 and 14 of the counter affidavit, I deem it proper to direct the District Magistrate, Katihar to consider the grievance raised by the petitioners bearing in mind the exercise so initiated vide advertisement at Annexure 10 and the direction already issued on a similar prayer arising from CWJC No.17637 of 2010 and dispose of the same in accordance with law within a period of six weeks from the date of receipt/production of a copy of this judgment. The writ petition is disposed of with the direction aforementioned. (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22-06-2018 Transmission Date NA