Badri Narayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6661 of 2020 ====================================================== 1.

Badri Narayan Prasad Son of Late Baidyanath Prasad resident of VillageGobindpur, P.s.- Areraj, District- East Champaran 2.

Nageshwar Prasad Yadav Son of Ganesh Rai resident of VillageMathiyariya, P.s.- Harsidhi, District- East Champaran 3.

Sumitra Kumari D/o Kapildeo Pandey resident of Village- Panchbhirwa, P.s.- Areraj, District- East Champaran 4.

Nalin Kumar Pandey son of Hari Narayan Pandey resident of VillageSangrampura, P.s.- Areraj, District- East Champaran 5.

Santosh Kumar Pandey son of late Sachidanand Pandey resident of VillageBishunpur Tara, P.s.- Madhuban, District- East Champaran 6.

Raj Kumar Rai son of Banarsi Rai resident of Village- Maripur, P.s.- Madhuban, District- East Champaran 7.

Rajendra Prasad son of Shankar Prasad Sah resident of Village- Gobri, P.s.- Turkauliya, District- East Champaran 8.

Bashishth Ram son of Late Bhikhan Ram resident of Village- Janerwa, P.s.- Areraj, District- East Champaran 9.

Lalan Prasad son of Harihar Prasad resident of Village- Phulwaria, P.s.- Turkauliya, District- East Champaran 10.

Laxman Prasad son of Mangal Prasad resident of Village- Mathlohiyar, P.s.- Harsidhi, District- East Champaran 11.

Jhboolal Prasad Rai son of Johan Prasad Rai resident of Village- Brit Gamhariya, P.s.- Tirkauliya, District- East Champaran 12.

Neyaz Ahmad Khan son of Qumrul Hassan Khan resident of VillagePaithanpatti, P.s.- Harsidhi, District- East Champaran 13.

Ram Nath Ram son of Late Joothi Ram resident of Village- Kritpur English, P.s.- Harsidhi, District- East Champaran 14.

Bhagwati Kumar Shukla son of Ashwini Kumar Shukla resident of VillageMaurakha, P.s.- Areraj, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The Principal Secretary Department of Human Resources Development, Government of Bihar, Patna 3.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna 4.

The District Magistrate, East Champaran at Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate

Patna High Court CWJC No.6661 of 2020 dt.20-12-2021 2/3 For the Respondent/s :

Mr. Ashutosh Ranjan Pandey (Aag15) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 20-12-2021 Heard learned counsels for the respective parties. In the instant petition, petitioner has prayed for the following reliefs:

"For issuance of an appropriate writ preferably in the nature of certiorari setting aside the order as containing in Memo No.

2358 dated 04.10.2019 issued by the Respondent Director, Mass Education, Bihar, Patna, whereby and where-under the claim of the petitioners for absorption on the ground of Ex-Non Formal Supervisor, has illegally been rejected with a further direction to the Respondents to absorb the petitioners under the service of Respondent-State in view of judicial directions and policy decision of the Respondent-State. And/or any other relief or reliefs for which the petitioners are found to be entitled in the facts and circumstances of this case."

Short question for consideration is whether petitioners are entitled to be absorbed in post or not?

The petitioner's claim has been rejected on 04.10.2019 (Annexure '7'). Perusal of the aforesaid order, it is crystal clear that there is no consideration of full bench decision of this Court read with the Apex Court decision in the case of Secy., State of Karnatka Vs. Uma Devi reported in (2006)4 SCC page 1 passed in CWJC No. 16 of 2021 read with full bench decision in case of Ram Sevak Yadav & Another Vs. The State of Bihar & Others

Patna High Court CWJC No.6661 of 2020 dt.20-12-2021 3/3 reported in 2013 (1) PLJR 964 passed in CWJC No. 267 & 472 of 2010 of this Court.

Therefore, the concerned authority is hereby directed to take note of the aforesaid decisions of this Court and Apex Court and proceed to pass speaking order as to whether petitioner is entitled to absorption with reference to the conditions imposed in the aforesaid judicial pronouncements or not? Such decision shall be taken within a period of three months from the date of receipt of this order. Accordingly, annexure-7 dated 04.10.2019 stands set aside.

(P. B. Bajanthri, J) Gaurav Kumar/- AFR/NAFR CAV DATE Uploading Date Transmission Date