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Patna High CourtL.P.A/1506/2016dismissed

Reeta Singh And ORS v. The State Of Bihar And ORS

2017-05-02Mr. Justice Sudhir Singh,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1506 of 2016 IN Civil Writ Jurisdiction Case No. 18405 of 2015 ===========================================================

1. Reeta Singh Wife of Sri Dudhnath Singh, Lady Supervisor, Child Development Project Office, Patna Sadar - 4, Patna.

2. Mahapuniya Kumari Wife of Sri Narayan Purbey, Lady Supervisor, Child Development Project Office, Patna Sadar - 5, Patna.

3. Sudhar Sinha Wife of Sri Krishna Prasad, Lady Supervisor, Child Development Project Office, Patna Gramin, Patna.

4. Kiran Tripathy Wife of Ramesh Kumar Tripathy, Lady Supervisor, Child Development Project Office, Patna Gramin, Patna. .... .... Appellant/s

Versus

1. The State of Bihar through the Principal Secretary, Government of Bihar, Patna.

2. The Secretary, Social Welfare Department, Govt. of Bihar, Apna Ghar Bailey Road, behind Lalit Bhawan, Patna.

3. The Additional Secretary, Social Welfare Department, Govt. of Bihar, Patna.

4. The Director, Social Welfare Department, Govt. of Bihar, I.C.D.S., Indira Bhawan, Patna.

5. The Child Development Project Officer, Child Development Project Office, Khagaria, District : Khagaria.

6. The Child Development Project Officer, Child Development Project Office, Matihani, District : Begusarai.

7. The Child Development Project Officer, Child Development Project Office, Samasi, District : Samastipur.

8. The Child Development Project Officer, Child Development Project Office, Kau Kol, District : Nawada.

9. The Child Development Project Officer, Child Development Project Office, Patna Sadar - 4, District : Patna.

10. The Child Development Project Officer, Child Development Project Office, Patna Sadar - 5, District : Patna.

11. The Child Development Project Officer, Child Development Project Office, Patna Gramin, District : Patna.

12. The Child Development Project Officer, Child Development Project Office, Patna Gramin, District : Patna.

13. The Child Development Project Officer, Child Development Project Office, Nimchak Bathani, Gaya, District : Gaya.

14. The Child Development Project Officer, Child Development Project Office, Manjha, Gopalganj, District : Gopalganj.

15. The Child Development Project Officer, Child Development Project Office, Baniyapur, District : Saran.

16. The Child Development Project Officer, Child Development Project Office, Ghoshi, District : Jehanabad.

17. The Child Development Project Officer, Child Development Project Office, Gopalpur, District : Bhagalpur.

18. The Child Development Project Officer, Child Development Project Office, Bikram, District : Patna.

19. The Child Development Project Officer, Child Development Project Office,

Patna High Court LPA No.1506 of 2016 dt.02-05-2017 2/3 Araria, District : Araria.

20. The Child Development Project Officer, Child Development Project Office, Danapur, District : Patna.

21. Raka Sahay Wife of Sri Jai Kumar Sinha Lady Supervisor, Child Development Project Office, Khagaria.

22. Renu Kumari Wife of Sri Ramchandra Sah Lady Supervisor, Child Development Project Office, Matihani, District : Begusarai.

23. Kumari Verma Sinha Wife of Ajay Choudhary Lady Supervisor, Child Development Project Office, Samasi, District : Samastipur.

24. Rita Devi Wife of Sri Bimlesh Prasad Child Development Project Office, Kau Kol, Nawada.

25. Prem Lata Kumari Wife of Sri Birendra Kumar Verma Lady Supervisor, Child Development Project Office, Nimchak Bathani, Gaya, District : Gaya.

26. Sarswati Pandey Wife of Sri Lalan Tiwary Lady Supervisor, Child Development Project Office, Manjha, Gopalganj, District : Gopalganj.

27. Geetanjali Kumari Wife of Sri Roop Kishore Sinha Lady Supervisor, Child Development Project Office, Baniyapur, Chapra, District : Saran.

28. Punam Sahay Wife of Sudhir Kumari Lady Supervisor, Child Development Project Office, Ghoshi, District : Jehanabad.

29. Eti Mandal Wife of Sri Rajendra Prasad Ray Lady Supervisor, Child Development Project Office, Gopalpur, District : Bhagalpur.

30. Sati Rani Mishra Wife of Sri Shashi Kant Jha Lady Supervisor, Child Development Project Office, Araria, District : Araria.

31. Kamini Kumari Wife of Late Nand Kishore Sinha Lady Supervisor, Child Development Project Office, Bikram, Patna.

32. Munni Kumari Wife of Ghan Shyam Prasad, Lady Supervisor, Child Development Project Office, Danapur, District : Patna. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Dudh Nath Singh, Advocate For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 02-05-2017 A writ petition filed by the petitioners for conducting promotion exercise for filling up the vacant post of Child Development Project Officer in terms of the Rules of 1995 has been rejected and it has been held by the Writ Court that now as the Bihar

Patna High Court LPA No.1506 of 2016 dt.02-05-2017 3/3 Child Development Rules, 2015 has been notified under Article 309 of the Constitution, the promotion exercise has to be done as per the changed rule and the vacancies cannot be filled up as per the pre existing rule.

In doing so, the learned Writ Court has not committed any error warranting reconsideration.

The appeal is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) Narendra/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 13.05.2017 Transmission Date