Mukteshwar Pd Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10721 of 2015 ====================================================== 1.

Mukteshwar Pd Singh and Ors son of Gajendre Narayan Singh, resident of Kalyanpur Sahebpur Kamal, Begusarai, at present residing at Shivpuri, Ward no13, Saharsa.

2.

Akhtar Ali Ansari, Son of Late Pir Mohammad Ansari, resident of village Harpur Kothi, P.S Janata Bazar, P.O Pandipur, District Chapara Saran. 3.

Ahmad Anwar Farmood @ Anwar Azmad Farmood son of Dr. Abdul Hakim Ansari, resident of Village and Town Ekraha, P.O Chamka via Chopra Ramnagar, P.S- Janakinagar, Districct- Purnea. 4.

NandLal, son of Harilal, resident of quarter no 5/29, P.O P.S- Dalmianagar, District- Rohtas.

5.

Syed Aftab Akhtar, son of late Syed Razi Akhtar, resident of Villlage and Town Chandabara, Azad road, District- Muzaffarpur, 6.

Ratan Saran Mallik, son of late Ramakant Mallik, resident of village P.OHanumanagar, P.S- Sursand, District- Sitamadhhi ... ... 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 :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 30-09-2020 Petitioner has prayed for the following relief(s): "a) For commanding the respondents to amend the provisional seniority list prepared by

Patna High Court CWJC No.10721 of 2015(4) dt.30-09-2020 2/3 way of letter no.1374/2014 dated 11/02/2014 so as to determine the date of seniority of the petitioners from the date of their initial appointment in parental Boards/Corporations, and Not from the date of their absorption in 2006.

b) For commanding the respondents to amend the rule 1 (3) (a) of the General Provident Fund Directorate and subordinate Offices Clerical Cadre (Appointment and Service Conditions) Rules 2015, hereinafter referred to as the Rules 2015, notified in the Bihar Gazette dated 18/15/2015, which says that the seniority of the employees appointed by absorption from various Boards/Corporations of the State Govt. shall be determined from the date of the absorption of such employees in the Provident Fund Department, so as to compute the seniority of the absorbed employees from the date of their initial appointment in the Boards/Corporations, as per para ka (iii) of the letter no 15784/1972 issued by the General Administration Department.

c) For commanding the respondents to stay the operation/execution of the provisional seniority list prepared vide letter no 1374 with immediate effect during the pendency of the writ application.

d) For commanding the respondents to stay the operation/execution of rule 11 (3) (a) of the Rules 2015 with immediate effect during the pendency of the writ application."

Learned counsel for the petitioner submits that during pendency of the present petition, petitioner's grievances stands redressed in terms of Circular No. 4691 dated 14.09.2020 of the State Government. As such, the petition be disposed of as not

Patna High Court CWJC No.10721 of 2015(4) dt.30-09-2020 3/3 pressed.

Ordered accordingly.

(Sanjay Karol, CJ) ( S. Kumar, J) pallavi/- U