Md. Sarfraz Alam And ORS v. The Bihar State Hydro Electric Power Corporation Ltd.And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15301 of 2014 ====================================================== 1.

Md. Sarfraz Alam Son of Md. Reyazuddin Resident of Barahadaras, Police Station - Biharsharif, District - Nalanda.

2.

Vidya Bhushan Singh Son of Sri Brajraj Singh Resident of Piro Near Dakbunglow, Police Station - Piro, District - Bhojpur. 3.

Dipu Kumar Son of Kishori Prasad Resident of Village - Keur, Police Station - Hulasganj, District- Jehanabad.

4.

Amit Kumar Son of Sri Rajesh Prasad Singh Resident of Village- Mehsaudi, Police Station - Khagadia, District- Khagadia. 5.

Rajesh Kumar Singh Son of Sri Radheshyam Singh, Resident of Village - Kawai Maliabag, Police Station - Dawath, District- Rohtas. 6.

Chandra Shekhar Pandit Son of Late Basudeo Pandit, Resident of Village - Chandpur, Police Station - Gogri, District- Khagaria. 7.

Nikhil Agrawal, Son of Sri Ramesh Chandra Agrawal, Resident of 150/5, Juhilal Colony, Police Station - Juhi, District- Kanpur U.P.. 8.

Samar Kumar Son of Sri Deo Narayan Mandal Resident of VillageSamarpur, Maheshkhut, Police - Maheshkhut, District - Khagaria. ... ... Petitioner/s

Versus

1.

The Bihar State Hydro Electric Power Corporation Ltd. (2nd Floor), Birchand Patel Marg, Patna-800001, through its Managing Director. 2.

The Chairman, Bihar State Hydro-Electric Power Corporation Limited, (2nd Floor), Birchand Patel Marg, Patna-800001.

3.

The Managing Director, Bihar State Dydro-Electric Power Corporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna-800001. 4.

The Chief Engineer Electrical, Bihar State Hydro-Electric Power Coporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna-800001. 5.

The Manager, Personnel and Administrative, Bihar State Hydro-Electric Power Corporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna-800001.

6.

The Assistant Manager, Personnel and Administrative, Bihar State HydroElectric Power Corporation 7.

The Director Personnel and Administrative, Bihar State Hydro-Electric Power Corporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna-800001.

8.

The Manager, Finance and Account, Bihar State Hydroelectric Power Corporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna800001. 9.

The Principal Secretary, Energy Department, Government of Bihar, Patna. ... ... Respondent/s

2/4 ====================================================== Appearance:

For the Petitioner/s :

Mr.Niranjan Kumar, Advocate For the Respondent/s :

Smt.N.Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) Issuance of a direction, order or writ including writ in the nature of certiorari to quash office order no.07 dated 06.03.2014 as issued by memo no.216 dated 06.03.2014 under signature of respondent no.5 whereby and whereunder the respondent no.5 by order of respondent no.3 has terminated the petitioners from their respective services in Bihar State Hydro-Electric Power Corporation Limited, Sone Bhawan (2nd Floor), Birchand Patel Marg, Patna-800001 with immediate effect.

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondents authorities to take back the respective services of the petitioners on their respective visà-vis appropriate post in Bihar State Hydro-Electric Power Corporation

3/4 Limited, Sone Bhawan (24 Floor), Birchand Patel Marg, Patna-800001 in a similar manner to those similarly situated employees whose services in a similar manner as that of the petitioners had extended till 31.12.2013 but they have not been terminated from services and continuing on their respective posts.

(iii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondents authorities to take steps towards extending all the consequential benefits to the petitioners that they are entitled to pursuant to their respective appointment and extension of services in Bihar State Hydro-Electric Power Corporation Limited Sone Bhawan (2 Floor) Birchand Patel Marg, Patna-800001 in a similar manner to those who were appointed and thereafter their services were extended in a similar manner as that of the petitioners but till 31.12.2013 and despite of that they are still continuing on their respective posts."

2.

At the outset, the learned counsel for the

4/4 petitioners submits that it be observed that the aforesaid disengagement letter dated 06.03.2014 be not construed to be a stigma qua the petitioners, as far as their future career prospects are concerned.

3.

It is directed accordingly.

4.

The writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U