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Patna High CourtCWJC/10857/2019disposed

Vivek Kumar v. The State Of Bihar

2021-05-18Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10857 of 2019 ====================================================== Vivek Kumar, aged about 31 years, gender Male, son of Shri Ranjai Prasad, resident of Mohalla Sankat Mochan Mandir, Jehanabad, Police Station Jehanabad, District Jehanabad ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Old Secretariat Building, Patna

2. The Bihar Staff Selection Commission, Veterinary College Campus, Patna through its Secretary.

3. The Chairman, Bihar Staff Selection Commission, Veterinary College Campus, Patna .

4. The Secretary, Bihar Staff Selection Commission, Veterinary College Campus, Patna.

... ... Respondents ====================================================== With Civil Writ Jurisdiction Case No.10961 of 2019 ====================================================== Anamika Kumari, aged about 30 years, Gender female, daughter of Dilip Singh, wife of Subodh Kumar, resident of Mohalla Jai Prakash Nagar, Post Office G.P.O. Police Station Jakkanpur, District Patna ... ... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Old Secretariat Building, Patna

2. The Bihar Staff Selection Commission, Veterinary College Campus, Patna through its Secretary.

3. The Chairman, Bihar Staff Selection Commission, Veterinary College Campus, Patna .

4. The Secretary, Bihar Staff Selection Commission, Veterinary College Campus, Patna.

... ... Respondents ====================================================== Appearance :

(Civil Writ Jurisdiction Case No. 10857 of 2019) For the Petitioner : Mr. Dinu Kumar, Mr. Arvind Kumar Sharma, Ms. Ritika Rani, Ms. Kumari Neha, Advocates For the Respondents : Mr. Shailesh Kumar, AC to GP 5 For the Commission : Dr. Ratan Kumar, Advocate

(Civil Writ Jurisdiction Case No.10961 of 2019) For the Petitioner : Mr. Dinu Kumar, Mr. Arvind Kumar Sharma, Ms. Ritika Rani, Ms. Kumari Neha, Advocates For the Respondents : Mr. Sheo Shankar Prasad, SC 8 For the Commission : Dr. Ratan Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

8. 18-05-2021 Heard learned counsel appearing on behalf of the petitioners, learned counsel appearing on behalf of the State, as well as learned counsel appearing on behalf of the respondentBihar Staff Selection Commission. After the order of this Court dated 06.04.2021, the Respondent-Bihar Staff Selection Commission has filed a detailed counter affidavit indicating therein that after scrutiny of the entire materials, the Commission has recommended the names of Vivek Kumar, petitioner of CWJC No. 10857 of 2019 and Anamika Kumari, petitioner of CWJC No. 10961 of 2019. Considering the aforesaid, both these writ applications are disposed of with a direction to the Principal Secretary, Cooperative Department, Government of Bihar to forthwith ensure appointment and posting of the petitioners.

If appointment and posting of the petitioners are not made within a period of one month from today, petitioners shall be entitled to payment of entire arrears of salary and other allowances from the date similarly circumstanced others have been appointed on the basis of the recommendation of the Bihar Staff Selection Commission in 2016 and arrears shall be borne out from the pocket of the erring officials who kept the petitioners' appointment on hold.

payment of arrears of salary.

With the aforesaid, both the writ applications stand disposed of.

(Anil Kumar Upadhyay, J) BT/- U