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Patna High CourtCWJC/9815/2021disposed

Narayan Kumar Sinha v. The State Of Bihar

2021-12-01Mr. Justice P. B. Bajanthri3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9815 of 2021 ====================================================== 1.

Narayan Kumar Sinha Son of Late Surya Kumar Lal Resident of VillageBhakhai, P.S.-Mufassil, District-Aurangabad. 2.

Ram Bali Yadav Son of Chamman Yadav Resident of Mohalla-Pipardih, P.S.-Aurangabad,District-Aurangabad.

3.

Sunil Kumar Singh Son of Kamta Singh Resident of Village-Dharbhanga, P.S.-Madanpur, District-Aurangabad.

4.

Awadhesh Ray Son of Late Brahamdeo Ray Resident of Village-Kariyo Curaha, P.S.-Mahuha, District-Vaishali 5.

Julekha Khatoon Wife of Isha Mohammad, Resident of Village-Manshara, P.S.-Kutumba, District-Aurangabad.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Board of Revenue, Government of Bihar, Old Secretariat, Patna.

3.

The Director, Animal Husbandry and Fishery Department, Government of Bihar, Old Secretariat, Patna.

4.

The Commissioner, Magadh Division, Gaya.

5.

The District Magistrate/Collector, Aurangabad, 6.

The District Animal Husbandry officer, Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-12-2021 Heard learned counsel for the petitioner.

Despite service of notice in the Office of the Advocate General none appears for the respondents.

In the instant petition, petitioners have prayed for the following reliefs:-

Patna High Court CWJC No.9815 of 2021 dt.01-12-2021 2/3 "(i) For issuance of an appropriate writ/writs in the nature of mandamus directing/commanding the respondents authorities particularly respondent no. 5 & 6, they should ensure the appointment/Joining of petitioners on the post of class IV, as recommended by respondent no. 5 (Annexure-'2') against the sanctioned and vacant post in the Department of Animal Husbandry, Aurangabad, vide his letter number 1011 dated 18.12.2019, as per affidavit filed by respondent number-5 in earlier writ applications by way of counter affidavit and as well as in contempt petition vide contempt petition number M.J.C. No. 3272 of 2018 by way of show cause before this Hon'ble Court. The State Government should adopt the same policy for appointment of these petitioners like appointment of others earlier also.

(ii) For dispose of the present writ petition in term of the order passed by this Hon'ble Court in C.W.J.C. No. 2759 of 2016 and also consequently the order passed in M.J.C. 3272/2018 (In Contempt Petition) as contained in Annexure-1 (series) to this writ application.

(iii) For any other relief/reliefs for which the petitioners are entitled to in the facts and circumstances of the case and also in accordance with law."

Short question for consideration in the present case is whether the petitioners are entitled to relief sought in the present petition at the hands of respondent no. 3, the Director, Animal Husbandry & Fishery Department, Government of Bihar or not.

Patna High Court CWJC No.9815 of 2021 dt.01-12-2021 3/3 Third respondent is hereby directed to accept the duty report of the petitioners in terms of their selection. If there is any difficulty in accepting the petitioners' duty report a detailed speaking order shall be passed as to whether the petitioners are entitled for joining report or not. The aforesaid action shall be completed within a period of two weeks from the date of receipt of this order.

With the aforesaid observations, the present writ petition stands disposed off.

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