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Patna High CourtCWJC/14253/2010dismissed

Singheshwar Prasad Sinha v. The State Of Bihar And ORS

2017-05-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14253 of 2010 ====================================================== Singheshwar Prasad Sinha S/O Late Shakti Prasad R/O Vill.- Manjori, P.S.- Sarawa, P.O.- Maniogarhi, Distt.- Deoghar (Jharkhand) .... .... Petitioner

Versus

1. The State of Bihar through the Agriculture Production Commissioner, Bihar, Patna

2. The Director, Agriculture, Agriculture Department, Government of Bihar, Patna

3. Joint Director Agriculture (Plant Protection), Bihar, Patna

4. Administrator, Bihar State Agriculture Marketing Board (Rep.), Pant Bhawan, Bailey Road, Patna

5. Junior Plant Protection Officer, Purnea .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Respondent/s : Mr. AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-05-2017 Heard Sri Vijay Kumar Sinha, learned counsel appearing on behalf of the petitioner and learned AC to Addl. Advocate General no.12.

The petitioner, who was basically employee of the Bihar State Agriculture Marketing Board, since dissolved and was relieved vide Memo No.3028 dated 07.09.2008 to join against the post of Khansama, has approached this Court, invoking its writ jurisdiction under Article 226 of the Constitution of India, with a prayer to quash Memo No. 22/172 dated 22.02.2009 by which, the petitioner was absorbed and posted as Chowkidar. It was submitted by learned counsel for the

Patna High Court CWJC No.14253 of 2010 (2) dt.09-05-2017 2/2 petitioner that three-man committee recommended for adjustment of the petitioner as Khansama, but the petitioner has been posted by the impugned order as Chowkidar. It is not in dispute that the posts of Chowkidar and Khansama, both are Class-IV posts. It has also not been disputed that after dissolution of Marketing Board, the petitioner has been accommodated and absorbed in permanent establishment.

In view of facts and circumstances, the Court is of the opinion that there is no reason to pass any positive order. The writ petition stands dismissed.

(Rakesh Kumar, J) NKS/- U