Nawal Kishore Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13083 of 2013 ====================================================== Nawal Kishore Prasad S/O Late Harishankar Prasad Resident Of VillageChak Mussallahpur, Post- Mahendru, Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Speaker, Bihar Vidhan Sabha,Vidhan Sabha Bhawan, Patna, Bihar. 3.

The Secretary, Bihar Vidhan Sabha, Vidhan Sabha Bhawan, Patna, Bihar. 4.

The Under Secretary, Bihar Vidhan Sabha,Vidhan Sabha Bhawan, Patna, Bihar.

5.

The Deputy Secretary, Bihar Vidhan Sabha, Vidhan Sabha Bhawan, Patna, Bihar.

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

For the Petitioner/s :

Mr. Akashdeep, Advocate For the State :

Mr. Abhanjalli, Advocate For the Vidhan Sabha :

Mr. Kaushal Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL JUDGMENT Date : 22-04-2024 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Vidhan Sabha as well as learned counsel appearing on behalf of the State.

2. The present writ petition has been filed for quashing the order as contained in memo no. 859 dated 13.06.2012 issued by the respondent no. 4 by which the claim of the petitioner has been rejected by cryptic and non-speaking order.

3. Learned counsel for the petitioner submits that from perusal of the order dated 13.06.2012 it appears that the order is non-speaking and the respondent had not stated anything in the

Patna High Court CWJC No.13083 of 2013 dt.22-04-2024 2/2 order dated 08.06.2012 but he has only stated that "ननिर्देशशानिनुसशार आपकके पततशात्रांक-शून्य, नरनिशात्रांक 26-04-2012 कको नविचशारकोपशात्रांत अस्विवकशार नकयशा जशातशा है।"

4. In view of the aforesaid, the order dated 13.06.2012 has been set aside and the respondent is directed to consider the case of the petitioner a fresh within a period of three months from the date of production/receipt of copy of this order and while considering the case of the petitioner the respondent is also directed to grant them similar treatment which was allowed to other similarly situated persons namely, Sajjad Akhtar and Md. Zia-ul Hassan Khan who were also appointed prior to 15.06.1990.

5. Accordingly, the writ petition stands disposed of. (Rajesh Kumar Verma, J) Vanisha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.04.2024 Transmission Date N/A