Rajesh Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12561 of 2021 ====================================================== 1.

Rajesh Kumar Singh, son of Sri Alakh Niranjan Singh, resident of Village and P.O.-Kauriya, Via-Gulwara Madhuban, District-East Champaran. 2.

Ashok Kumar sharma, son of Late Vijay Bahadur Singh, resident of Mohalla-Babu Bazar, Ara, P.S.-Ara, District-Bhojpur. 3.

Rajesh Kumar, son of Sri Shambhu Saha, resident of Village P.O. P.S.-Raj Mahal, District-Sahebganj Jharkhand.

4.

Gyananand, son of Late Shatrughan Thakur, resident of Bhusauda Baluper, Manpur, P.S.-Muffasil, District-Gaya.

5.

Chandra Shekhar Tiwary, son of Sri Hari Shankar Tiwary, resident of Village-Tiwary Chapra, P.S.-Kateya, District-Gopalganj. 6.

Prakash Kumar Sinha, son of Late Sudhir Kumar Sinha, resident of VillageChapra Colony, New Jakkanpur, P.S.-Jakkanpur, District-Patna. 7.

Sanjay Kumar Jha, son of Mr. Hari Nandan Jha, resident of Village P.O.- Bashha, P.S.-Bajpatti, District-Sitamarhi.

8.

Raj Kishoreb Sharma, son of Late Braij Bihari Sharma, resident of Village P.O.-Ganghara, P.S.-Danapur, District-Patna.

9.

Md. Reyaz Shahid, son of Md. Shamsuddin, resident of Mohalla-Lakhna, P.O. and P.S.-Madhupur, District-Deoghar Jhakhand. 10.

Md. Moinuddin, son of Md. Nizamuddin, resident of Village P.O.-Nuranpur, Babu Tola, P.S.-Raj Mahal, District-Sahebganj Jharkhand. 11.

Ashutosh Kumar, son of Ramawatar Sharma, resident of M.I.G. 54, Hanuman Nagar, P.S.-Patrakar Nagar, Kankarbagh, Patna. 12.

Rajeev Ranjan Chakravarty, son of Ramashray Chakravarty, resident of At P.O.-Sarhan, P.S. Pandarak, District-Patna.

13.

Prem Kumar, son of B.K.P. Sinha, resident of Village P.O.-Babhan Bigha, P.S.-Barbigha, District-Sheikhpura.

14.

Pankaj Kumar Singh, son of Late Tripurendra Narayan Singh, resident of Village-Mahua, P.S.-Ghailarh, District-Madhepura, at present posted as Incharge Circle Officer, Kiratpur, Darbhanga. 15.

Tara Prakash, Son of Bhirguath Singh, resident of Village-Derhgaon, P.O.- Derhgaon, P.S.-Dawath, District-Rohtas.

16.

Anuj Kumar, son of Durga Nand Prasad, resident of At P.O.-Laundh, P.S.- Sirdala, District Nawada.

17.

Ajeet Kumar Jha, son of Late Bhogendra Jha, resident of Village P.O.- Sourath, P.S.-Saurath, District-Madhubani.

18.

Neel Ksusm Kumar Sinha, son of Late Rajdeo Prasad Sinha, resident of Village-Mohanpur, P.O.-Beshchak, P.S. Islampur, District Nalanda. 19.

Abhay Kumar, son of Late Jagannath Prasad, resident of Village P.O.- Duman Belma, P.S.-Madanpur, District-Aurangabad. 20.

Bhuneshwar Yadav, son of Sri Kishori Yadav, resident of Village P.O.-Gilani, P.S.-Sare, District-Nalanda.

2/7 21.

Pankaj Kumar, son of Sant Kumar Sinha, resident of Mohalla-Chandmari, Near M.S. College Gate, P.S.-Motihari, District-East Champaran. 22.

Lalit Kumar Singh, son of Gorakh Nath Singh, resident of B/5, Vivekanand Park, Patliputra Colony, P.S.-Patliputra, District-Patna. 23.

Anil Bhushan, son of Late Sidheshwar Thakur, resident of Village-Hindu Chakiya, P.S. Chakiya, District-East Champaran. 24.

Upendra Kumar Tiwari, son of Late Ramsagar Tiwari, resident of Village P.O.-Belaur, P.S.-Guthani, District Siwan.

25.

Bharat Bhushan Singh, son of Late Visheshwar Singh, resident of VillageMir alipur, P.S.-Baliya, District-Begusarai. 26.

Sanjay Kumar Singh, son of Late Rameshwar Prasad, resident of Village P.O. Kawan, P.S.-Parasbigha, District-Jehanabad. 27.

Jai Prakash Swarnker, son of Late Shukdeo Prasad Swarnkar, resident of At P.O. Kasba, P.S.-Kasba, District-Purnea.

28.

Subodh Kumar, son of Somdutt Singh, resident of Mohalla-Sultanpur, P.S. Danapur, District-Patna.

29.

Praveen Kumar Batsa, son of Indra Narayan Jha, resident of Village P.O. Bina Babhangava, P.S. District-Supaul.

30.

Kumar Anukampa, W/o Sri Ashok Kumar At-Guddar Pandey Lane, P.O.- Buniyadganj, P.S.-Muffasil Gaya, District-Gaya, Bihar, Pin Code -823003. 31.

Bijay Kumar Gupta, son of Kedar Nath Prasad, At-Talbanna, Durga Mandir, P.S.-Sahebganj Sadar, P.O./District-Sahibganj, Pin-816109 Jharkhand. 32.

Aditya Kumar Singh, son of Shyam Bihar Singh, resident of Giddha, P.O. Kayamnagar, District Bhojpur, Pin Code 802314. 33.

Satyendra Kumar Singh, son of Ramdas Singh, resident of P.O. and P.S.- Arrah, District-Bhojpur, Pin Code-802301.

34.

Rambhu Thakur, son of Late Punyadev Thakur, resident of Village-Sarsaula, P.O. Barwa, P.S. Lakhuara, District-East Champaran, Pin Code-845303. 35.

Ashok Kumar, care of Gatish Chandra Lal, resident of J.C. Mallic Road, Hirapur, 4-A Sai Kripa Apartment, District-Dhanbad, Pin Code-26001. 36.

Kamlesh Kumar Tiwari, Son of Madan Tiwary, resident of Tiwari Chak, P.O. and P.S.-Sadisopur, District-Patna, Pin Code-800111. 37.

Arun Kumar Das, son of Bhaullar Das, resident of Ward No. 06, P.O.- Brahmpura, P.S.-Bhattpura, District-Darbhanga, Pin Code-847422. 38.

Rajendra Kumar Rajeev, son of Ravishankar Raut, resident of VillageMoura, Ward No. 12, P.O.-Maura, P.S.-Raharia, District-Supaul, Pin Code852105. 39.

Rajesh Ranjan, son of Birendra Kumar, resident of Ward No. 13, Near Hanuman Mandir, P.O.-Harishpur, District Bhagalpur, Pin Code -813209. 40.

Choudhary Ram, son of Late Kari Ram, resident of Indira Nagar, P.O. and P.S.-Thalwara, District Darbhanga, Pin Code-846002. 41.

Ramji Prasad Singh, son of Madho Prasad, resident of Qr. No. D.T.-1747, Tanki Side, P.O. and P.S.-Dhurwa, District-Ranchi, Pin Code-834004.

3/7 42.

Rampravesh Ram, son of Late Mahadeo Ram, resident of Tola Bhai Bigha, Village-Haidarnagar, P.O. and P.S.-Haidarnagar, District Palamu (Jharkhand), Pin Code-82215.

43.

Shyam Sundar Ray, son of Dharm Deo Rai, resident of Vishnupuri Jaso, P.O.-Jaso, P.S.-Barhampur, District Buxar, Pin Code -802101. 44.

Upendra Kumar, son of Girija Nadan Sharma, resident of Durga Colony Raj High School Road Pakur, Ward No. 03, P.O. and P.S.-Pakur, State Jharkhand, Pin Code -816107.

45.

Manoj Kumar Ray, son of Lalbabu Ray, resident of Ward No. 03, Kudarkat, Near Middle School, P.O. and P.S.-Kudarkat, District East Champaran, Pin Code -845302.

46.

Shamim Akhtar Mazhari, son of Late Md. Yusuf, resident of Muslim Nagar, Lal Kotha, Kund Muhala, P.O. and P.S.-Daltonganj, District-Palamu (Jharkhand), Pin Code-822101.

47.

Niraj Kumar Seth, son of Madan Mohan Seth, resident of Shiv Mandap tola, P.O. and P.S.-Tamar, District-Ranchi (Jharkhand), Pin Code-835225. 48.

Arun Kumar Saroj, son of Bansh Narayan Chaturvedy, resident of P.O. and P.S.-Harihar Dihara, District-Rohtas, Pin Code-821112. 49.

Anju Singh, wife of Sri B.N. Singh, resident of Gaya, Beldari tola, Lakshya Shila School, New Area Bisar Tank, P.S. and District-Gaya, Pin Code823001. 50.

Yugesh Das, son of Ranjit Das, resident of Pipra Baisa, P.O. and P.S.-Baisa, District-Khagaria, Pin Code-851212.

51.

Nirmal Kumar Rai, son of Shri Bisweswar Prasad Rai, resident of MohallaDhobi Tola, P.S. Deoghar, District Deoghar, 814112. 52.

Akshaywat Tiwari, son of Late Krishna Kant Tiwari, resident of VillageKurlonga, P.O. Saradhu, P.S.-Tandwa, District-Chatra, Pin Code -825401. 53.

Anil Kumar, son of Shri Rameshwar Mandal, resident of Referral Hospital Road, Forbeganj, District Araria, Pin -854318. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

3.

Principal Secretary, General Administration Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinav Srivastava, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP- 4 ) Mr. Sanjay Parasmani, AC to GP-4 ======================================================

4/7 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-11-2023 The present writ petition has been filed seeking the following reliefs:- "1. (1) Issuance of a direction, order or writ, including writ in the nature of Mandamus commanding the concerned respondent authorities under the Department of Revenue & Land Reforms Bihar, Patna to take steps towards considering the cases of the present petitioners for granting them promotion against the promotional avenues in accordance with the provisions contained under the Bihar Revenue Service Rules, 2010 as despite fulfillment of all the requirements by the petitioners and availability of vacancies under the Revenue & Land Reforms Department of the State Government, no action has been taken towards considering the cases of the petitioners towards granting them promotions;

(ii) Issuance of a direction, order or writ, including writ in the nature of Mandamus commanding the concerned respondent authorities to

5/7 grant all the consequential benefits in favour of the petitioners with effect from the dates they became entitled for grant of promotion after granting promotions to them against the promotional posts in accordance with the aforesaid Bihar Revenue Service Rules, 2010, including revision of pay, increment, benefits of length of service against the promotional posts, etc, that they may be found to be entitled to in accordance with the relevant rules;

(iii) Issuance of a direction, order or writ, including writ in the nature of Mandamus commanding the concerned respondent authorities under the Revenue & Land Reforms Department of the State Government to take steps towards posting the present petitioners against the higher posts under the Revenue & Land Reforms Department of the State Government which are to be filled up by way of promotion of the officers of Bihar Revenue Service including the posts of Deputy

6/7 Collectorate Land Reforms, District Ceiling Officer. etc, till the time those posts are filled up by way of promotion of the officers of Bihar Revenue Service in accordance with the relevant rules;

(iv) Issuance of a declaration holding that the petitioners are entitled for being granted promotions against the promotional posts as indicated under the Schedule-1 of the Bihar Revenue Service Rules, 2010 upon fulfillment of the requirements indicated under the said rules and also for being extended all the consequential benefits in accordance with the said rules."

2.

At the outset, the learned counsel for the parties have jointly submitted that now since the State Government has taken a decision to grant promotion to the members of the State service on ad-hoc basis as also they shall be given the pay scale of the higher post, the present writ petition can be disposed off with needful direction to the respondent authorities.

7/7 3.

In view of the aforesaid, the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna is directed to undertake the process for grant of promotion to the petitioners on the post of Circle Officer and Deputy Collector Land Reforms and conclude the same within a period of three months of receipt/production of a copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U