Ram Bahadur Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16067 of 2010 ====================================================== RAM BAHADUR SINGH S/O LATE BABU LAL SINGH R/O CHITKOHRA BASTI, P.O.- ANISABAD, P.S.- GARDANIBAGH, DISTT.- PATNA, AT PRESENT WORKING AS TYPIST, CABINET SECRETARIAT (RAJ BHASHA) DEPARTMENT, GOVT. OF BIHAR, PATNA ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. THE SECRETARY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR

3. THE JOINT SECRETARY PERSONNEL AND ADMINISTRATIVE DEPARTMENT, GOVT. OF BIHAR, PATNA

4. THE SECRETARIAT CABINET SECRETARIAT (RAJ BHASHA) DEPARTMENT, GOVT. OF BIHAR, PATNA

5. BIHAR PUBLIC SERVICE COMMISSION, BIHAR, PATNA THROUGH ITS CHAIRMAN

6. THE SECRETARY BIHAR PUBLIC SERVICE COMMISSIONER, BIHAR, PATNA ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Respondent/s :

Mr. (Aag11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 13-08-2018 There appears to be a typographical error in the order dated 19.06.2018 to the effect that wherever 'Munsif cadre' has been written, the same is required to be read as 'Mufassil cadre'. Let the order dated 19.06.2018 be corrected and read accordingly.

With the consent of the parties, the order dated 19.06.2018 was passed by this Court in the following terms:- "After hearing the learned counsel for the parties for considerable time, the issue has boiled out to the following effect:-

Patna High Court CWJC No.16067 of 2010 dt.13-08-2018 2/2 The respondent-BPSC, in paragraph no. 10 of its counter affidavit, has mentioned that the petitioner was kept in the Mufassil cadre on the basis of his entry in column no. 4 of the application form whereas the petitioner, in his reply to the said counter affidavit, has stated in paragraph no. 4 that in column no. 4, he has specifically stated his office and place of office as Secretariat.

In order to resolve the aforesaid controversies which will clinch the issue as to whether the petitioner is required to be placed under the Mufassil cadre or the Secretariat cadre, the respondent-BPSC is directed to produce the application form of the petitioner on 16.07.2018."

The learned counsel appearing for the B.P.S.C. has produced the application form of the petitioner in a sealed cover, which has been opened and it has been found that the option given by the petitioner is 'Mufassil cadre'.

In view of the aforesaid, the petitioner cannot be granted the benefit of being posted at Secretariat, hence, the present writ petition is dismissed.

The records produced by the learned counsel for the B.P.S.C. is returned to the counsel.

(Mohit Kumar Shah, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.08.2018 Transmission Date NA