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Patna High CourtCWJC/4367/2019disposed

Manoj Kumar Poddar And ORS v. The State Of Bihar And ORS

2019-03-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4367 of 2019 ====================================================== 1.

Manoj Kumar poddar, S/o Late Krishnakant Poddar Vill.- Shahpur, P.o.- Bhore Jairam, P.S.- Khanpur Ward No. 11, Distt.- Samastipur 2.

Kishore Kumar Choudhary S/o Late Jeeb Nath Choudhary Vill. and P.o.- Sapta, P.s.- Rahika, Distt.- Samastipur 3.

Rajiv Kumar Ranjan S/o Late Mahendra Mandal Vill. and P.o.- Baisha, P.s.- Parvatta, Ward No. 8, Yadav Tola, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, patna 2.

The Principal Secretary Finance Department, Govt. of Bihar, Patna 3.

The Engineer-in-Chief-cum-Special Secretary Public Health Engineering Department, Bihar, Patna 4.

The Chief Engineer (Mechanical) Public Health Engineering Department, Bihar, Patna 5.

The Superintending Engineer Public Health Engineering Circle, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioners : Mr.Siyaram Pandey, Advocate.

For the Respondents : Mr. Arvind Ujjwal (SC-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 08-03-2019 Heard the learned counsel for the petitioner and the State.

2. It has been submitted on behalf of the petitioners that their cases are identical to the cases in the batch of writ petitions, the lead case being C.W.J.C. No. 9921 of 2017 (Binit Kumar & Ors. Vs. The State of Bihar & Ors.), which has been decided in favour of the

Patna High Court CWJC No.4367 of 2019 dt.08-03-2019 2/3 petitioners therein on 21.08.2017. It has further been submitted that the aforesaid order passed in the batch of cases, referred to above, has been upheld by a Division Bench of this Court on 11.07.2018 in L.P.A. No. 1702 of 2017 (The State of Bihar & Ors. Vs. Binit Kumar & Ors.) and other analogous cases.

If the case of the petitioners herein are identical to the cases of the petitioners in aforesaid C.W.J.C. No. 9921 of 2017 and other analogous cases, they ought to be given the same treatment as the petitioners therein. In order to facilitate the concerned respondent in passing necessary order in favour of the petitioners in the light of the order passed in C.W.J.C. No. 9921 of 2017 and other analogous cases, referred to above, the petitioners are directed to make a representation before the Principal Secretary, Finance Department, Govt. of Bihar, Patna (respondent no. 2) along with a copy of this order as well as the copies of the orders passed in aforesaid C.W.J.C. No. 9921 of 2017 and L.P.A. No. 1702

Patna High Court CWJC No.4367 of 2019 dt.08-03-2019 3/3 of 2017, within a period of four weeks from today. On receipt of such representation, necessary orders shall be passed by the concerned respondent within a period of four weeks thereafter.

With the aforesaid observation/direction, the writ petition is disposed off.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.03.2019 Transmission Date