Harendra Singh And ORS v. State And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11902 of 1993 ====================================================== Harendra Singh & Ors ... ... Petitioner/s

Versus

The State of Bihar & Ors.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pradeep Kumar Paul, Advocate For the Respondent/s :

Mr. (SC1) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 21-09-2017 This writ petition was filed in the year 1993 and it was the grievance of the petitioner in the writ petition that in the Gopalganj Collectorate, recruitment process for appointment of Class IV post were undertaken in the year 1992-93, a common panel was prepared by the Collectorate and on the basis of the said panel all the petitioners were empanelled.

Seeking their continuation in service and challenging the action proposing to terminate their services, the writ petition was filed by the employees primarily on the ground that identical action taken against other employees have been allowed and writ petitions have been disposed of granting relief to the petitioners. Claiming similar benefit as was granted to other similarly situated employees in C.W.J.C. No.1032 of 1988 and other cases, this writ petition was filed. However, while hearing the matter on

Patna High Court CWJC No.11902 of 1993 dt.21-09-2017 2/3 25.7.1995 it transpired that against the order passed in the writ petition, L.P.A. No.19 of 1993 was filed and as the said L.P.A. was pending, it was directed for listing of the matter after L.P.A. No.19 of 1993 is decided.

L.P.A. No.19 of 1993 has been decided by a Division Bench of this Court on 28.1.2015 and after considering the issue in question, the L.P.A. has been disposed in the following manner: "We, therefore, dispose of the Letters Patent Appeal, directing that, (a) Such of the respondents, be it the original writ petitioners or the interveners, as are continuing in service, shall remain in service subject to the condition that their service shall be reckoned from the date of appointment and not from any earlier thereto; (b) In case there exist any orders from the Hon'ble Supreme Court or this Court for removal of any of the respondents, they shall be removed, even if they are continuing by virtue of directions issued by the learned single Judge.

Interlocutory application, if any, stands disposed of.

There shall be no order as to costs."

Keeping in view the aforesaid, this petition is also disposed of in identical terms. In case the petitioners are interested in the matter and they approach the competent authority, they also

Patna High Court CWJC No.11902 of 1993 dt.21-09-2017 3/3 be granted the benefit in terms of the order dated 28.1.2015 in L.P.A. No.19 of 1993 as is detailed hereinabove. With the aforesaid, this petition stands disposed of. (Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 5.10.2017 Transmission Date