Ravindar Chaudhary And ORS. v. The State Of Bihar And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.395 of 2013 IN Civil Writ Jurisdiction Case No. 2228 of 2012 ===========================================================

1. Ravindra Chaudhary, son of Sri Narayan Chaudhary, resident of village-Sisauni, P.S. Nawkothi in the district of Begusarai.

2. Harendra Sharma, son of Late Prameshwar Thakur, resident of villageLakhawar, P.S. Lakhawar in the district of Jehanabad.

3. Chhatthu Singh, son of Late Shyamlal Singh, resident of village-Bihiya, P.S. Bihiya in the district of Bhojpur.

.... .... Petitioners/Contemnors.

Versus

1. The State of Bihar through its Chief Secretary, Mr. Amir Subhani, son of not known of the petitioner, Chief Secretary, Government of Bihar, Patna.

2. Mr. Rajat Punhani, son of not known to the petitioner, the Principal Secretary, Social Welfare Department, Government of Bihar, Patna.

3. Mr. Praveen Kishore, son of not known to the petitioner, the Director, I.C.D.S. Bihar, Patna.

4. Mr. D. Gangwar, son of not known to the petitioner, the Principal Secretary, Personnel and Administrative Reform Department, Government of Bihar, Patna.

5. Mr. Rameshwar Singh, son of not known to the petitioner, the Secretary, Finance Department, Government of Bihar, Patna.

6. Dr. Shashi Bhushan Pathak, son of not known to the petitioner, the Joint Secretary, Finance Department, Government of Bihar, Patna.

7. Mr. Shashi Kant Paswan, son of not known to the petitioner, the District Program Officer, Patna.

8. Mr. Prabhat Kumar Singh, son of not known to the petitioner, the District Program Officer, Saran.

9. Mr. Ashutosh Singh, son of not known to the petitioner, the District Program Officer, Jehanabad.

10. Mr. Sanjay Kumar Singh, son of not known to the petitioner, the District Magistrate, Patna.

11. Mr. Binay Kumar, son of not known to the petitioner, the District Magistrate, Saran.

12. Smt. Rubi Kumari, wife of not known to the petitioner, the C.D.P.O. Phulwarisharif, Patna.

13. Smt. Shobha Kumari, wife of not known to the petitioner, the C.D.P.O., Dighwara, Saran.

.... .... Respondents/Opposite Parties.

=========================================================== Appearance :

For the Petitioners : Mr.

For the Opposite Parties : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 23-04-2015 --------------- Heard learned counsel appearing on behalf of the petitioners

Patna High Court MJC No.395 of 2013 dt.23-04-2015 2/3 and the learned AC to AAG-VI, appearing on behalf of the State.

2. This application has been filed asserting the non compliance of the order dated 29.02.2012 passed in C.W.J.C. No.2228 of 2012, whereunder the said writ application was disposed of with a direction to the respondents to prepare a seniority list of Grade-IV and then consider for promotion to Group-C against the 15% quota and let it be so done within a maximum period of six months from the date of receipt and/or production of a copy of this order.

3. Learned AC to AAG-VI, appearing on behalf of the State, submits that in compliance of the order 29.02.2012 passed in C.W.J.C. No.2228 of 2012, which is under contempt, the final seniority list of Class-IV employee has been prepared and communicated vide letter no.973 dated 27.02.2013. It is further submitted that the constitution of service rule/cadre rule for Class-IV employee under ICDS Directorate, Bihar, is under process, which would appear respectively from paragraphs-6 and 5 of the show cause filed on behalf of the opposite party no.3, Director, ICDS, Bihar, Patna.

4. Since in compliance of the order 29.02.2012 passed in C.W.J.C. No.2228 of 2012, seniority list of Class-IV employee has been prepared and constitution of service rule/cadre rule for Class-IV employee under ICDS Directorate, Bihar, is under process, I find no

Patna High Court MJC No.395 of 2013 dt.23-04-2015 3/3 reason to proceed with this application further. This application is, accordingly, disposed of. However, if the petitioners will have any grievance, they may take recourse in accordance with law before the appropriate forum.

(Rajendra Kumar Mishra, J) P.S./- U