Binod Kumar Sinha And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.260 of 2014 In Civil Writ Jurisdiction Case No. 19210 of 2011 ======================================================

1. Binod Kumar Sinha Son Of Late Ramdhan Lal Resident Of Mohalla - Janta Path, New Area, Police Station - Nawada (Town), District - Nawada

2. Dinesh Prasad Son Of Late Parmeshwar Prasad Resident Of Village - Tilara, P.O. Tungi, P.S. Wazirganj, District - Gaya .... .... Petitioners

Versus

1. The State Of Bihar Through Sri Ashok Kumar Sinha, Chief Secretary, Government Of Bihar, Old Secretariat, Patna

2. Sri Rameshwar Prasad Singh, Principal Secretary, Finance Department, Old Secretariat, Patna

3. Sri Deepak Kumar, Secretary General Administration, State Of Bihar, Old Secretariat, Bihar, Patna

4. Sri Pratya Amrit, Principal Secretary, Road Construction Department, Bisheshwariya Bhawan, Patna

5. Sri Chandrashekhar, Deputy Secretary, Road Construction Department, Bihar, Patna

6. Sri Saheb Alam, Executive Engineer, Patna City, Road Division, Road Construction Department, Gulzarbagh, Patna

7. Sri S.P. Singh, The Assistant Engineer, Patna City Road Sub Division, Road Construction Department, Gulzarbagh, Patna

8. Sri Mahendra Prasad The Assistant Engineer, Kankarbagh Road, Sub Division Road Construction Department, Kankarbagh, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Devendra Kumar Singh For the Opposite Parties :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-01-2015 Heard learned counsel for the petitioners and learned AC to GP No. 21.

The present petition was filed with a prayer to initiate contempt proceeding against opposite parties on an allegation of

Patna High Court MJC No.260 of 2014 (4) dt.22-01-2015 2/3 willful disobedience to an order dated 12/4/2012 passed in CWJC No. 19210 of 2011. By the said order termination of the petitioners against work charge establishment was set aside by this court and direction was issued to the respondents to consider the case of regularization and pass a speaking order. In the present petition petitioners have brought on record Annexure - '3' whereby the opposite party/ Secretary, Road Construction Department has considered the case of regularization and passed a speaking order.

In the supplementary show cause filed on behalf of opposite party no. 4 to 6, a specific statement has been made that in compliance with the order of the writ court, petitioners have already been re-instated as work charge employee on their respective posts.

In view of the fact that in compliance with the order of the writ court petitioners have already been re-instated and a reasoned order on the point of regularization has already been passed vide Annexure - '3', there is no need to keep the matter pending.

The petition stands disposed of.

If petitioners feel aggrieved with Annexure - '3' whereby claim for regularization has been rejected, petitioners

Patna High Court MJC No.260 of 2014 (4) dt.22-01-2015 3/3 would be at liberty to avail appropriate remedy. The petition stands disposed of.

(Rakesh Kumar, J) Praful/- U