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Patna High CourtCWJC/9917/2020withdrawn

Mantu Kumar Roy v. The Union Of India

2021-03-25The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9917 of 2020 ====================================================== 1.

Mantu Kumar Roy Son of Late Harihar Roy Working as Commission Vendors/Bearers, East Central Railway, Barauni Junction, DistrictBegusarai, Resident of Village- Subhaigarh (South Tola), Vishnupur Vasant, P.S.- Hajipur Sadar, District- Vaishali, PIN Code- 844101 (Bihar). 2.

Kuldeep Sah Son of Late Vishnu Sah Working as Commission Vendors/Bearers, East Central Railway, Barauni Junction, DistrictBegusarai, Resident of Village- Phulwariya-2, Ward No. 3, P.O.- Barauni, P.S.- Phulwariya, District- Begusarai, Pin Code- 85112 (Bihar). ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Rail, Government of India, Rail Bhawan, New Delhi, Pin Code- 110001. 2.

The Director (Catering), Railway Board, Ministry of Rail, Government of India, New Delhi, Pin Code- 110001.

3.

The General Manager, East Central Railway, Hajipur, P.O.- Digghi Kalan, P.S.- Hajipur, District- Vaishali at Hajipur, Pin Code- 844101 (Bihar). 4.

The Divisional Railway Manager, East Central Railway, Sonepur, P.O. and P.S.- Sonepur, District- Saran (Bihar).

5.

The Divisional Railway Manager (Personnel), East Central Railway, Sonepur, P.O. and P.S.- Sonepur, District- Saran, Pin Code- 841101 (Bihar). 6.

The Divisional Railway Manager (Commercial) East Central Railway, Sonepur, P.O. and P.S.- Sonepur, District- Saran, Pin Code- 841101 (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the Respondent/s :

Mr.Dr. K. N. Singh ( ASG ) Mr. Ramadhar Shekhar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 25-03-2021 Petitioner has prayed for the following relief(s): "For issuance of an appropriate writ/ order/ direction, commanding the Respondent

Patna High Court CWJC No.9917 of 2020(5) dt.25-03-2021 2/3 Authorities to absorb the Petitioners in Regular Group-"D" Service as per their own Policy Decision dated 14.07.2000 (Annexure-2 of this writ application) in compliance of the Order passed in Original Application No. 1768 of 1999 by the Central Administrative Tribunal, Principal Bench, New Delhi which was affirmed by the Hon'ble Supreme Court of India. It is further prayed that the Respondents be directed to absorb the Petitioners treating them at par with other similarly situated persons whose services have been regularized in Group-"D" Post vide their Order dated 16.08.2019 (Annexure-22 of this writ application) in the light of Order dated 15.01.2018 passed in C.W.J.C. No.

19377 of 2017 (Annexure-21 of this writ application) which was filed by the similarly situated persons before the Hon'ble High Court, Patna which was filed against the Order dated 25.09.2017 (Annexure-20 of this writ application) passed by the Learned Central Administrative Tribunal, Patna Bench, Patna in Original Application No. 050/00275 of 2014 with all consequential benefits for which the Petitioners have represented before the Respondent concerned for their Regular absorption in the Service of Group-"D" Post and any other relief(s) be granted to which the Petitioners found entitled in the facts and circumstances of the case."

Learned counsel for the petitioner seeks permission to withdraw the petition reserving liberty to file afresh on the same

Patna High Court CWJC No.9917 of 2020(5) dt.25-03-2021 3/3 and subsequent cause of action, if so required and desired. Prayer allowed.

The petition is dismissed as withdrawn with the liberty aforesaid.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/- U