Baidyanath Pandit And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16456 of 2014 ====================================================== 1.

Baidyanath Pandit, S/o Kusheshwar Pandit resident of village - Ahiyari, P.O. - Ahiyari, P.S. - Kamdaul, District- Darbhanga. 2.

Jawahar Bhagat S/o Sri Ram Nandan Bhagat, resident of village - Baherbagachhi, P.O. and P.S. - Nayagaon, District- Chapra (Saran). 3.

Binod Kumar Thakur S/o Sri Nageshwar Thakur resident of village - Bangaon, P.O. and P.S. - Bangaon, District - Saharsa. 4.

Yogendra Sharma S/o Sri Tila Sharma resident of village - Balbhadrapur, P.O. - Balour, P.S. - Kudhni, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Engineer (Mechanical), PHED, Bihar, Patna Bisheshariya Bhawan, Bailey Road, Patna.

3.

The Superintending Engineer, Public Health Engineering Chapra Circle, Chapra.

4.

The Executive Engineer, Public Health Division, Chapra, District- Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lalan Kumar Singh, Advocate For the Respondent/s :

Mr. Satyadeo Kumar, SC-5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 22-11-2022 Petitioner has prayed for the following relief(s):- "That by this writ application, the petitioners seeks indulgence of this Hon'ble Court for issuance of an appropriate writ or direction commanding the respondents to consider and make payment of differance of arrear of salary with effect from 01.06.2002 to 30.11.2006 in the light of the stay order of this Hon'ble High Court as well as the decisions of the Hon'ble Appex

Patna High Court CWJC No.16456 of 2014(2) dt.22-11-2022 2/2 Court and further treat the Regular service of the work charge Establishment period in continuation, prior to the date of absorption in permanent establishment in view of the resolution no.229 dated 07.04.2011 and maintained the status of pay scale of the petitioners, as the respondent has granted the said benefits of similarly situated and Junior Persons, when the petitioners are discharging the duties of the said post contineously with satisfactory service, since the date of initial appointment i.e. last 32 years and further the petitioners challenges the arbitrary and high handed action of the respondents in passing the order of Absorption in the permanent establishment is wholly contrary to the settled decision of the Hon'ble Court and circular of the State Govt."

Learned counsel for the petitioner seeks permission to withdraw the present petition.

Permission granted.

The instant petition stands disposed of as withdrawn. Interlocutory Application(s), if any, shall stand disposed of. (Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/PKP U