Himanshu Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19634 of 2016 ======================================================

1. Himanshu Kumar and Ors son of Sri Ram Sharan Bari, resident of VillageNarainpur, P.O.- Nasripur, P.S.- Bagaha, Ward No.05, District- West Champaran, Bihar- 845105.

2. Ankit Kumar Srivastava, son of Mohan Prasad Shrivastava, resident of Village- Narainpur, Bagaha- II, District- West Champaran.

3. Deepak Kumar Shrivastava, son of Mohan Prasad Shrivastava, resident of Village- Narainpur, Bagaha- II, District- West Champaran.

4. Ratnesh Kumar, son of Shri Bharat Pandey, resident of Village- Naurega Dardri, Bagaha- I, District- West Champaran.

5. Saurabh Kumar, son of Mohan Prasad Shrivastava, resident of VillageNarainpur, Bagaha- II, District- West Champaran.

6. Vikash Kumar, son of Late Anirudh Prasad, resident of Village- Panchgava, Bagaha- II, District- West Champaran.

7. Kaushal Dat, son of Hari Krishna Dat, resident of Village- Satwaria, Lauria, District- West Champaran.

8. Lattu Sahani, son of Sudama Sahani, resident of Village- Bairag Sonbarsa, Bagaha- II, District- West Champaran.

9. Prem Kumar Mishra, son of Ram Chandra Mishra, resident of VillageChamwalia, P.O.- Sirisia, P.S.- Bagaha, District- West Champaran.

10. Sandeep Kumar, son of Jawahar Prasad Srivastava, resident of VillageBagaha I, P.S. and District- West Champaran. ... ... Petitioner/s

Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, Department of Planning and Development, Government of Bihar, Patna.

3. The Director, Department of Planning and Development, Government of Bihar, Patna.

4. The Joint Director-cum- Office Head, Department of Planning and Development, Government of Bihar, P

5. The District Statistical Officer, West Champaran, District- West Champaran Bihar.

6. The District Magistrate D.M., West Champaran, District- West Champaran Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Chandra Shekhar Azad, Advocate For the Respondent/s :

Mr.Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 30-01-2019 The parties agree that in respect of other similar matters the issues have been decided in the proceedings arising out of C.W.J.C No. 11550 of 2016. In that case this Court has without

Patna High Court CWJC No.19634 of 2016 dt.30-01-2019 2/2 interfering with the cabinet resolution directed that if and when the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the petitioners' claim may also be considered for their engagement having regard to their experience gained and training undergone by them. In this regard the Court has directed that due weightage be given to the petitioners including age relaxation Since the issue stands decided in the said case, it is jointly submitted that in terms of the judgment passed in C.W.J.C. No. 11550 of 2016 similar observations may be made in favour of the petitioners.

In view thereof this Court has no hesitation in directing that in case the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the claim of the petitioners' may be considered having regard to their experience gained and the training undergone and even if State would decide to look for fresh aspirants, due weightage be given to the case of these petitioners including age relaxation. Writ petition stands disposed off.

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