The State Of Bihar And ORS v. Dharmdeo Thakur
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.746 of 2015 Civil Writ Jurisdiction Case No. 3203 of 1997
1. The State of Bihar, through the Commissioner-cum-Secretary, Water Resources Development Department, Sinchai Bhawan, Bihar, Patna.
2. The Joint Secretary to the Government, Water Resources Development Department, Government of Bihar, Sinchai Bhawan, Patna.
3. The Chief Engineer (Mechanical), Water Resources Development Department, Sinchai Bhawan, Patna.
Bahuara Project Mithapur, Patna.
5. The Executive Engineer, Water Resources Development Department, Bhabhua Project, Noawan, District - Bhabhua.
Project, Noawan, District - Bhabhua.
Dharmdeo Thakur. Son of Shri Bigan Thakur. Resident of village and P.O.- Nataiyan, Police Station - Kudra, District - Bhabua, At present working on Master Roll, Irrigation Pump Project Sundar Bahuara, District - Bhabua. Letters Patent Appeal No. 1432 of 2013 Civil Writ Jurisdiction Case No. 2711 of 1997
1. The State Of Bihar, through The Commissioner - Cum - Secretary, Water Resources Development Department, Sinchai Bhawan, Bihar, Patna
2. The Joint Secretary to The Government, Water Resources Development Department, Government Of Bihar, Sinchai Bhawan, Patna
3. The Chief Engineer (Mechanical), Water Resources Development Department,
2/5 Sinchai Bhawan, Bihar, Patna Bahuara Project Mithapur, Patna
5. The Executive Engineer, Water Resources Development Department, Bhabhua Project, Noawan, District- Bhabhua
6. The Junior Engineer, Water Resources Development Department, Bahuara Project, Noawan, District- Bhabhua Hira Paswan Son Of Shri Mahendra Paswan Resident Of Village And P.O.- Agwan, Police Station- Asthawa, District- Nalanda, At Present Posted And Working On Muster Roll, Irrigation Pump Project Sundar Bahuara, District- Bhabua Letters Patent Appeal No. 769 of 2014 Civil Writ Jurisdiction Case No. 3213 of 1997
1. The State of Bihar, through the Commissioner-cum-Secretary, Water Resources Development Department, Sinchai Bhawan, Bihar, Patna
2. The Joint Secretary to the Government, Water Resources Development Department, Government of Bihar, Sinchai Bhawan, Patna
3. The Chief Engineer (Mechanical) Water Resources Development Department, Sinchai Bhawan, Patna
4. The Superintending Engineer, Water Resources Development Department, Bahuara Project Mithapur, Patna
5. The Executive Engineer, Water Resources Development Department, Bhabhua Project, Noawan, District- Bhabhua Project, Noawan, District- Bhabhua Mahfooz Alam, Son of Late Mohammad Abdul Hafiz Siddique, Resident of
3/5 Village- Katra (Beltal), P.O. and Police Station- Bihar Sharif, District- Nalanda, At present working on Muster Roll, Irrigation Pump Project, Sundar Bahuara, DistrictBhabua Letters Patent Appeal No. 1111 of 2015 Civil Writ Jurisdiction Case No. 3225 of 1997
1. The State of Bihar, through the Commissioner - cum - Secretary, Water Resources Development Department, Sinchai Bhawan, Bihar, Patna.
2. The Joint Secretary to the Government, Water REsources Development Department, Government of Bihar, Sinchai Bhawan, Patna.
3. The Chief Engineer (Mechanical), Water Resources Development Department, Sinchai Bhawan, Patna.
Bahuara Project Mithapur, Patna.
5. The Executive Engineer, Water Resources Development Department, Bhabhua Project, Noawan, District - Bhabhua.
Project, Noawan, District - Bhabhua.
Nathuni Prasad Gupta Son of Late Phekan Prasad Gupta, Resident of Village and P.O. - Mohania, Police Station - Mohania, District - Bhabhua, At present working on Muster Roll, Irrigation Pump Poject, Sundar Bahuara, District - Bhabua. Appearance :
For the Appellants :
Mr. Durgesh Nandan, AAG 14 For the Respondents :
Mr. Obaidur Rahman, Advocate CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and
4/5 HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 24-10-2016 The challenge in the present Letters Patent Appeals is to an order passed by the learned Single Bench on 19th May, 2011 in 12 analogous cases wherein, the learned Single Bench has directed the State to pay the salary to the writ applicants on the same terms as directed by the Division Bench in L.P.A. No. 274 of 1996 (Rajendra Chaudhary vs. State of Bihar) on 18th September, 1996. It is pointed out by learned counsel for the appellants that the order passed by the learned Single Bench has since been set aside in L.P.A. No. 252 of 2012 (The State of Bihar & Ors. Vs. Upendra Prasad Singh @ Upendra Narayan Singh) arising out of C.W.J.C. No. 2602 of 1997.
In light of the aforesaid order, the orders passed in writ petitions cannot be sustained. Letters Patent Appeals are allowed in the same terms as recorded in L.P.A. No. 252 of 2012 (The State of Bihar & Ors. Vs. Upendra Prasad Singh @ Upendra Narayan Singh) decided on 24th March, 2014.
Learned counsel for the respondents has pointed out that in one of the L.P.As. 529 of 2015 (The State of Bihar & Ors. vs. Ram Surat Ram), the delay in filing of the Letters Patent Appeal was not condoned and the same was dismissed on 1st September, 2016.
5/5 We do not find that such order of dismissing the Letters Patent Appeal for the reason that it barred by limitation will not be a binding precedent for this Court as on merits, L.P.A. No. 252 of 2012 was allowed by this Court.
Consequently, the order passed by the learned Single Bench is set aside for the reasons recorded in Upendra Prasad Singh's case (supra) and the writ petitions are denied. Appeals stand allowed.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 28.10.2016 Transmission Date