Rajesh Kumar Jaiswal And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17318 of 2014 ======================================================

1. Rajesh Kumar Jaiswal, S/o Sri Jai Narayan Jaiswal, Resident of Jagarnathpuri Barmasia, Katihar, P.S. Katihar, District Katihar.

2. Dayanand Prasad, S/o Shri Siya Sharan Prasad, Resident of Village Lala Bigha, P.O. Ajnaura, P.S. Noorsarai, District Nalanda.

3. Sanjeev Kumar Sinha S/o Shri Mahesh Prasad, Resident of Muhalla Ramchandrapur, Biharshareef, P.S. Laheri, District Nalanda. .... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. Principal Secretary, Department of General Administration, Government of Bihar, Patna.

3. The Secretary, Bihar Karamchari Chayan Ayog (Staff Selection Commission, Bihar), Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh For the Respondent nos.1&2: Mr. Dhirendra Kumar, AC to AAG-10 For the Respondent no.3 : Mr.K.K.Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-01-2015 Heard the parties.

In view of the nature of grievances raised on behalf of the petitioners particularly, in view of the observations made by a Bench of this Court by the order dated 24.08.2010 passed in CWJC No.12022 of 2010 as also in view of the averments made in the counter affidavit filed on behalf of the respondent no.2 during the course of hearing of the case, this Court is of the opinion that interest of justice shall be sub-served, if the petitioners are granted liberty to file comprehensive representations with all supporting documents before the respondent no.2, raising all the points, which have been raised in the present proceeding. It is ordered accordingly.

If such comprehensive representations either

Patna High Court CWJC No.17318 of 2014 (2) dt.20-01-2015 individually or collectively is/are filed by the petitioners within a period of four weeks from today with a certified copy of the present order, then the respondent no.2 shall be obliged to consider and decide the claims raised on behalf of the petitioners strictly in accordance with law by a reasoned and speaking order at an early date preferably within a period of two months from the date of filing of such comprehensive representations by the petitioners.

It is clarified that this Court has not gone into the merits of the claims raised on behalf of the petitioners in the present writ petition and the same is left to be decided by the respondent no.2 or any other competent authority of the respondent State strictly in accordance with law.

The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U