Shambhu Kumar And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6324 of 2014 ===========================================================
1. Shambhu Kumar Son Of Sri Banaras Prasad Resident Of Mohalla - Jalalpur, P.S. - Sohsarai, District - Nalanda At Biharsharif
2. Nutan W/O Mr. Ashok Kumar Thakur Resident Of C-56, Srikrishnapuri, P.S. - Srikrishnapuri, District - Patna
3. Sanat Kumar Singh Son Of Sri Upendra Prasad Singh Resident Of C/O Santosh Singh, Near Church Colony No. 2, P.S. - Katihar, District - Katihar
4. Bhartendu Jaiswal Son Of Sri Birendra Pd. Jaiswal Resident Of Village - Maheshpur, P.S. - Pipra Bazar, District - Supaul
5. Shambhu Prasad Nayak Son Of Sri Ram Bilas Nayak Resident Of C/O Jagdish Niwas, A/13, A. G. Colony, Keshrinagar, P.S. - Rajivnagar, District - Patna
6. Rajiv Ranjan Kumar Singh S/O Dr. Kapileshwar Prasad Singh Resident Of Arpana Bank Colony, Phase -II, Ramjaipal Nagar, New Bailey Road, P.S. - Rupaspur, District - Patna
7. Pramod Bhagat S/O Sri Ram Kumar Bhagat Resident Of Annapurna Vihar Apartment, Flat No. 304, Ved Nagar, Near Vijay Nagar, Bailey Road, P.S. - Rupaspur, District - Patna
8. Manish Srivastava Son Of Late Dr. M.P. Srivastava Resident Of Rajiv Nagar, Adhivakta Nagar, P.S. - Gopalganj, District - Gopalganj
9. Pradip Kumar S/O Sri Dinesh Chandra Singh Resident Of Village - Patap Tand, P.S. - Vaishali, District - Vaishali
10. Tun Tun Singh S/O Ram Udyog Singh Resident Of Village - Raghauli, P.S. - Kamtaul, District - Madhubani
11. Anita Kumari W/O Sri Manoj Kumar Resident Of Flat No. 203,Yaduvir Regency, Sheikhpura, P.S. -Shastrinagar, District - Patna .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Department Of Animal And Fish Resources (Fisheries), Govt. Of Bihar, Patna
3. The Director, Fisheries, Govt. Of Bihar, Patna
4. The Joint Director, Fisheries, Mithapur, Patna
5. Prem Kumar Sinha, Fisheries Extension Officer Posted As Officiating District Fisheries Officer, Nalanda at Bihar Sharif
6. Indra Kishore Singh, Fisheries Extension Officer Posted As Officiating District Fisheries Officer, Munger
7. Krishna Murari Bahadur, Fisheries Extension Officer, Arwal
8. Krishna Kumar Sinha, Fisheries Extension Officer Posted As Officiating District Fisheries Officer, Saharsa
9. Shalesh Kumar Singh, Fisheries Extension Officer Posted And Working As Junior Fisheries Research Officer, Mithapur, Patna
10. Siya Saran Singh, Fisheries Extension Officer Posted As Officiating District Fisheries Officer, Jahanabad
11. Rajnish Kumar Sinha, Fisheries Extension Officer Posted Officiating Fisheries Extension Officer, Directorate Of Fisheries, Patna
12. Chandra Bhushan Prasad, Fisheries Extension Officer Posted As Fisheries Extension Officer, Directorate Of Fisheries, Patna
13. Ajay Kumar, Fisheries Extension Officer Officiating As District Fisheries
Patna High Court CWJC No.6324 of 2014 dt.03-08-2017 2/3 Officer, Madhubani
14. Rajkumar Jha, Fisheries Extension Officer Posted As Darbhanga Range Office, Darbhanga .... .... Respondent/s =========================================================== Appearance :
For the petitioners : Mr. Prabhu Nath Pathak, Adv. For the State Mr. Mritunjay Kumar, Adv AC to AAG-6 For the Pvt. respondents : Mr. Dhananjay Kumar Adv. Respondent no. 12 Mr. Ranjeet Kumar Mishra, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 03-08-2017 Heard both sides.
The petitioners have filed this writ petition for quashing the order as contained in Memo No. 1645 dated 23.11.1995 issued by the Officer on Special Duty-cum-Deputy Secretary, Department of Animal Husbandry and Fisheries, Bihar, Patna by which 48 persons who were working on the post of Fisheries Inspector were made Fisheries Extension Officer. Admittedly, the petitioners were appointed in pursuance of the recommendation made by the Bihar Public Service Commission on the post of Fisheries Extension Officer on 28.06.2003.
Learned counsel for the petitioners submits that merger of the posts of Fisheries Inspector in the cadre of Fisheries Extension Officer is against the law and the rules dated 14.01.1993 issued by the Government of Bihar, Department of Animal and Fisheries. The petitioners claimed seniority over the persons whose posts were
Patna High Court CWJC No.6324 of 2014 dt.03-08-2017 3/3 merged in the cadre of Fisheries Extension Officer in the year 1995. After some argument learned counsel for the petitioners seeks permission to withdraw this writ petition. Prayer is allowed. The writ petition is dismissed as withdrawn.
(Prabhat Kumar Jha, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.08.2017 Transmission Date NA