Vivek Kumar Singh v. The Governor Secretariat

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12645 of 2021 ====================================================== Vivek Kumar Singh Son of Vidya Sagar Singh, Resident of Quarter No. B-2, Raj Bhawan, P.S.- Sachivalaya, District - Patna. ... ... Petitioner/s

Versus

1.

The Governor Secretariat through the Secretary to the Governor, Raj Bhawan, Bihar, Patna.

2.

The Secretary to the Governor, Raj Bhawan, Bihar, Patna. 3.

The Officer on Special Duty, Governor Secretariat, Raj Bhawan, Bihar, Patna.

4.

The Joint Secretary to the Governor, Governor Secretariat, Raj Bhawan, Bihar, Patna.

5.

Vijay Kumar Rai, Son of Bindeshwar Rai, Resident of Village - Bhagwanpur Khajuri, P.O.- Pastar, P.S. - Baligaon, District - Vaishali. At present resident of Quarter No. C- 1, Raj Bhawan, P.S.- Sachivalaya, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kumar Jha, Sr. Advocate Mr. Shankar Kumar Choudhary, Advocate For the State :

Mr. Rajendra Kumar Giri, Advocate For the Respondent Nos. 1- 4 :

Mr. Rana V. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-07-2023 Heard learned senior counsel for the petitioner, learned counsel for the State and learned counsel for the respondent Nos. 1- 4.

Learned senior counsel, appearing on behalf of the petitioner, after some submissions has confined the relief to prayer No. 5.

He submits that the second appeal preferred by the petitioner on 21.09.2020, copy of which is Annexure- 11, in

Patna High Court CWJC No.12645 of 2021(4) dt.05-07-2023 2/2 respect of his claim for inter se seniority with respondent No. 5, is pending consideration.

In view of limited prayer regarding pendency of the claim vide Annexure- 11, learned counsel, appearing on behalf of respondent No. 3, submits that appropriate orders will be passed thereupon in accordance with law.

In view of the submissions, pendency of the writ petition would serve no useful purpose, as the issue has to be considered, as per law in the second appeal by the Authority, respondent No. 3.

The petitioner's second appeal, must be disposed of within three (3) months from the date of receipt/production of a copy of this order before respondent No. 3.

Writ application is disposed of.

(Madhuresh Prasad, J) Raj kishore/- U