Vipin Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16591 of 2016 ===========================================================
1. Vipin Kumar Son of Sri Kedar Nath Paswan resident of Badnakha, P.O. makea, P.S. Tarapar, District-Munger, Pin Code-813201
2. Sujeet Kumar Son of Sri Bhola singh Resident of Village-Barai, P.O. Arai P.S. Daudnagar, District-Aurangabad (Bihar)
3. Shashidhar Kumar Son of Late Upendra Prasad Singh resident at & PO Khabaspur, P.S. Pirpaiti, District-Bhagalpur, Pin-813208
4. Vikash KUmar Tigga Son of Sri Mukul Urano'Urano, resident at P.W. 1 Sahara, East Railwy Colony, Qr. No E/27/c, Saharsa
5. Arun Kumar Das Son of Sri Kauleshwar Das resident at Deoria, P.O.-Bakopur, P.S. Bikopur, P. Kothi, District-Gaya
6. Abadhesh Kumar Son of Sri Raj Kishore Mahto resident at Gosai Gaon, P.O. Dhanakdobh, P.S. Ghoswari, District- Patna. PIn Code-803302
7. Manoj Kumar Son of Sri Laxman Singh residing at Tendua, P.O. Nonsarai, ViaNaukla, P.S. Karghar, P.S. Karghar, District-Rohtas
8. Mukesh Kumar Son of Sri Jagdish Das resident at Dharampur, P.O. Chatamadih, P.S. Sum Bhujang, District-Banka (Bihar)
9. Navin Kumar Son of Sri Hisabi Prasad Residing at Mahisona District-Lakhisarai
10. Rabindra Kumar Son of Sri Siwadhar Choudhary residing at Kewatiya, P.O. Koath, P.S. Agiaon, Bazar, District-Bhojpur
11. Rajnish Kuwar Son of Sri Ram Dahin Ram residing at & P.O. Jamui, P.S. Sikandarpur, District-Balia
12. Tarun Son of Sri Yogendra Prasad Sharma resident at Ghoghi, PO. Lasaghani, District-Lakhisarai
13. Raj Kishore Rai Son of Sri Jai Govind Rai residing at Turkbalia, P.O.-Naini, P.S. Chapra, District-Saran .... .... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Govt. of Bihar, Patna
2. The principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna
3. The Engineer-in-Chief, Public Health Engineering Department, Govt. of Bihar, Patna
4. The Chief Engineer (Civil) P.H.E.D. Govt. of Bihar, Patna
5. The Chief Engineer (Mechanical) P.H.E.D. Govt. of Bihar, Patna
6. The principal Secretary, General Administration Department, Govt. of Bihar, Patna Cum Secretary, High Level Committee.
7. The Joint Secretary, General Administration, Department, Govt. of Bihar Patna .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv. For the Respondent/s : Mr. Sanjay Kr.Giri-GP9 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 05-12-2016
Patna High Court CWJC No.16591 of 2016 dt.05-12-2016 2/2 A counter affidavit has been filed on behalf of the respondent Nos. 2 to 6 and whereas in paragraph 4 of the writ petition it is stated that the employment of petitioner nos. 1 to 8 has been extended as per the Cabinet decision, in paragraph 5 of the counter affidavit it is stated that the proposal for extension of employment of petitioner Nos. 9 to 13 has also been approved by the Principal Secretary and has been forwarded for approval by the Cabinet.
The issue raised by the petitioners stands noted in the order of this Court passed on 26.10.2016 and a grievance was raised by them that the respondents instead of extending the engagement of these petitioners and without resorting to regular employment, have instead gone ahead to issue a fresh advertisement inviting applications again for contract employment. However, in view of the stand taken by the respondents in their counter affidavit, in my opinion the grievance raised by the petitioners for the present would require no pursuance and the writ petition is disposed of leaving it open for the petitioners to approach this Court in case a final decision on the exercise so undertaken by the State turns out against their interest. The writ petition is disposed of.
Bibhash/- (Jyoti Saran, J) U