Abhay Kumar Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1503 of 2016 IN Civil Writ Jurisdiction Case No. 1614 of 2014 =========================================================== Abhay Kumar Choudhary son of Late Badri Narayan Choudhary resident of village - Namachak Haidar, Police Station - Chak Mahesi, District - Samastipur, at present posted as Block Agriculture Officer, Hayaghat, Darbhanga, Police Station - Hayaghat in the district of Darbhanga.

.... .... Petitioner/Appellant/s

Versus

1. The State of Bihar through the Director, Agriculture, Government of Bihar, Patna.

2. The Director, Agriculture, Government of Bihar, Patna.

3. The Agriculture Production Commissioner, Government of Bihar, Patna.

4. The District Magistrate, Samastipur, District - Samastipur.

5. Mritunjai Kumar son of Sri Basudeo Prasad resident of New Area, Nawadah, P.S. Nawadah, District - Nawadah.

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

For the Appellant/s : Mr. Upendra Prasad Mrs.Veena Kumari Jaiswal For the Respondent/s : Mr. AJAY, GA =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 26-03-2018 Seeking exception to an order passed on 22.06.2016 in CWJC No. 1614 of 2014 this appeal has been filed under Clause 10 of the Letters Patent.

From the documents and the material that have come on record, particularly the Supplementary Counter Affidavit by respondent nos. 1 to 3 we find that with regard to contention of the petitioner that he is senior to respondent no. 5 having been appointed

Patna High Court LPA No.1503 of 2016 dt.26-03-2018 2/2 as Village Level Worker in the year 1995 and the senior respondent no. 5 is concerned it is clear that in an order passed earlier in a writ petition filed by the said respondent on 21.08.2008 being CWJC No. 13579 of 2000, his date of appointment has been converted to 19.12.1994 and if respondent no. 5 is appointed on 19.1.2.1994, the contention of the petitioner he is senior in the cadre of Village Level Worker is found to be unsustainable. The Director of the Agriculture Department in terms of this order passed by the earlier writ petition having considered all these aspects and having rejected the same which is also approved by the learned Writ Court, we find no reason to make any indulgence in the matter.

The appeal is dismissed.

(Rajendra Menon, CJ) (S. Kumar, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date28.03.2018 Transmission Date