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Patna High CourtMJC/1515/2004dismissed

Rajiv Ranjan Pandey v. The State Of Bihar And ORS

2016-02-11Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1515 of 2004 ====================================================== RAJIVA RANJAN PANDEY, SON OF SRI DEO BANS PANDEY, RESIDENT OF VILLAGE & P.O.-NADAUAN, P.S.-NATWAR, DISTRICT-ROHTAS.

.... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. SRI P.N. RANA, SECRETARY, DEPARTMENT OF FINANCE, GOVERNMENT OF BIHAR.

3. SRI RAVIKANT, SECRETARY (PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

4. SRI ARUN JHA, SECRETARY, FOOD AND CIVIL SUPPLIES COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

5. SHRI K.M. SHARMA, ADDITIONAL SECRETARY, FOOD AND CIVIL SUPPLIES COMMERCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

6. MOHAMMAD SHAKIL AHMAD, SECRETARY-CUMCOMMISSIONER, LABOUR DEPARTMENT, GOVERNMENT OF BIHAR, PATNA.

7. SHRI K.N.

MAHTO, THE LABOUR COMMISSIONER, GOVERNMENT OF BIHAR, PATNA.

.... .... RESPONDENT/S ====================================================== Appearance:

For the Petitioner/s : Mr. Surendra Mishra, Adv. For the Respondent/s : Mr. (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-02-2016 Heard learned AC to GA-1 who has referred Annexure-A of the show-cause, order dated 07.11.2006 passed in LPA No.1149 of 2004 which has been preferred against the order dated 11.03.2004 passed in CWJC No.4114 of 1999. The relevant para is quoted below:

"However, the observation, if any, made by the learned Single Judge on merit shall not come in the way of the State Authorities in disposing of the claim of the writ petitioner." In the aforesaid background also referred order of the

Patna High Court MJC No.1515 of 2004 (4) dt.11-02-2016 Department dated 01.02.2007 (Annexure-B) wherefrom claim of the petitioner has been disposed of as held not entitled to avail the first time bound promotion on account of completion of ten years of service because of the fact that petitioner, who was Labour Inspector at an earlier occasion was relieved from the Department and then had joined as Supply Inspector.

As such, the issue has gone out of present MJC hence, is dismissed.

(Aditya Kumar Trivedi, J.) PN/- U