Rajeev Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10352 of 2021 ====================================================== 1.

Rajeev Ranjan Son of Jang Bahadur Rai, Resident of Village-Benipur Bara Tola, P.S. Kesariya, District-East Champaran. 2.

Saurabh Kumar, Son of Ashok Kumar, Resident of Village-Kasba Mehsi, P.S. Mehsi, District-East Champaran.

3.

Manila Kumari, Wife of Dhirendra Kumar, Resident of Village-Janerwa, P.S.-Banjariya, District-East Champaran.

4.

Suresh Kumar, Son of Laxuman Sah, Resident of Village-Parsa, P.S.-Dhaka, District-East Champaran.

5.

Mintu Kumar, Son of Punyadeo Mukhiya, Resident of Village-Dumri Govind, P.S.-Patahi, District-East Champaran. 6.

Ajay Kumar Yadav, Son of Yogendra Prasad Yadav, Resident of VillageBankatwa, P.S.-Jitna, District-East Champaran. 7.

Gamhira Prasad, son of Jawahar Prasad, Resident of Village-Lakhaura Bichla Tola, P.S.-Lakhaura, District-East Champaran. 8.

Ravi Ranjan Kumar, son of Digvijay Kishore, Resident of Mohalla-Raja Bazar, P.S.-Motihari Town, District-East Champaran. 9.

Anamol Kumar, Son of Arvind Kumar, Resident of Village-Pakhnaiya, P.S.- Palanwa, District-East Champaran.

10.

Md. Waliur Rahman, son of Md. Atiqur Rahman, Resident of VillagePakahi, P.S.-Adapur, District-East Champaran. 11.

Brajesh Kumar Sharma, Son of Nawal Kishore Sharma, Resident of VillageMadhubani, P.S.-Sangrampur, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Social Welfare Department, Bihar, Patna. 3.

The Development Commissioner, General Administrative Department, Bihar, Patna.

4.

The Additional Chief Secretary, General Administrative Department, Bihar, Patna.

5.

The Secretary (Expenditure) Finance Department, Bihar, Patna. 6.

The Additional Chief Secrertary, Social Welfare Department, Bihar, Patna. 7.

The Secretary, Social Welfare Department, Bihar, Patna. 8.

The Director, I.C.D.S. Welfare Department Govt. of Bihar, Patna. 9.

The District Collector, Motihari East Champaran. 10.

The District Programme Officer, Motihari, East Champaran. 11.

The Treasury Officer, Motihari, East Champaran. ... ... Respondent/s

Patna High Court CWJC No.10352 of 2021 dt.10-03-2022 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Respondent/s :

Mr. Rajesh Kumar, AC to GP-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 10-03-2022 Heard learned counsels for the parties.

2. In the instant petition, petitioners have prayed for following reliefs:- "i) For issuance of a writ in the nature of Mandamus directing and commanding the Respondents to make payment of salary of Rs. 25000/- per month to the petitioners in place of Rs. 8,000/- per month as the ladies Supervisor is withdrawing salary @ 25,000/- per month and allowance as detail has been given in the memo No. 1210 dated 27.2.2019 issued under the signature of Director, I.C.D.S. Social Welfare department Bihar, Patna.

ii) For issuance of a writ in the nature of Mandamus directing and commanding the respondents to grant pay scale of Rs. 9300-34800 to the petitioners in the light of the letter No. 255 dated 27.1.2017 issued under the signature of Director, I.C.D.S. Social Welfare department, Bihar, Patna as contained in annexure-2 to this writ petiiton.

iii) For issuance of a writ in the nature of Mandamus directing and commanding the Respondents to treat the petitioners under the same category to the post of ladies Supervisor in pursuant to the letter No. 255 dated 27.1.2017 as contained in annexure-2 to this writ petition.

Patna High Court CWJC No.10352 of 2021 dt.10-03-2022 3/3 iv) To grant any other relief or relief's for which the petitioner is entitled from the facts and circumstances of the case."

3. Aforesaid relief is not supported by material information, like representation before the competent authority. Thus, the present petition is not maintainable in the light of Apex Court's decision in the case of Mani Subrat Jain V. State of Haryana & Ors. reported in A.I.R. 1977 SC 276.

4. Accordingly, the present petition stands disposed of reserving liberty to the petitioners to submit a detailed representation within a period of eight weeks from the date of receipt of this order. On receipt of such representation, concerned respondent is hereby directed to examine and decide the petitioners' representation in accordance with law at the earliest. (P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 12.03.2022 Transmission Date