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Patna High CourtCWJC/18671/2016dfd for non appearance

Neeraj Kumar v. The State Of Bihar And ORS

2022-08-16The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18671 of 2016 ====================================================== NEERAJ KUMAR Son of late Binay Kumar Resident of Village Bhimpura, P.S. Masaurhi, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Finance Department, Govt. of Bihar, Patna. 3.

The Joint Secretary, Finance Department, Govt. of Bihar, Patna. 4.

The Secretary, Finance and Expenditure, Finance Department, Govt. of Bihar, Patna.

5.

The Deputy Secretary, Finance Department, Govt. of Bihar, Patna. 6.

The Joint Commissioner, Accounts Administration, Provident Fund Directorate, Pant Bhawan, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Anju Mishra, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi-AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- " a. For the issuance of any appropriate writ, order or direction declaring Rule 11(3) (a) of the General Provident Fund Directorate and Subordinate Offices and Clerical Cadre (Appointment and Service Conditions) Rules 2015, hereinafter referred to as "Rules 2015" notified in the Bihar Gazette dated 18/05/2015, as arbitrary, unreasonable and ultra vires Articles, 14 and 16 of the Constitution of India.

b.

For issuance of a writ of certiorari or

Patna High Court CWJC No.18671 of 2016 dt.16-08-2022 2/3 any other appropriate writ, order or direction quashing the provisional seniority list prepared vide letter 2232 dated 05/04/2016 prepared in compliance of the Rule 11 (3) (a) of the Rules 2015.

c.

For the issuance of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to compute the seniority of the petitioner from the date of his initial joining in parental Board/Corporation as per the administrative instructions reflected in letter no. 15784 dated 26/08/1972 issued by the General Administration Department.

d.

For the issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to stay the operation of Rule 11(3)(a) of the Rules 2015 with immediate effect, during pendency of the writ application.

e.

For the issuance of a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to stay the operation of the provisional seniority list prepared vide letter no. 2232 dated 05/04/2016 with immediate effect.

f.

For any other appropriate writ/s, order/s or direction/s as this Hon'ble Court may deem fit and necessary on the facts and int eh circumstances of the case."

On 23.07.2018, the Court had passed the following order:- "None appears for the petitioner.

List after two weeks."

Patna High Court CWJC No.18671 of 2016 dt.16-08-2022 3/3 On 01.08.2022, the Court had passed the following order:- "On 23.07.2018, the Court had passed the following order:- None appears for the petitioner.

List after two weeks.

Even today, despite repeated calls, none has appeared on behalf of the petitioner. However, in the interest of justice, the matter is adjourned.

List on 16.08.2022."

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner.

As such, the present petition stands dismissed for default.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date