Ramakant Singh And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12862 of 2018 ====================================================== 1.
Ramakant Singh, aged about 41 years Son of Late Ram Swarth Singh, Resident of Mohalla- Friends Colony, Main Road, Ashiyana Nagar, PatnaBihar- 800025. 2.
Ratnesh Kumar Gupta, aged about 41 years, Son of Late Suresh Prasad Gupta, resident of Mohalla- Surhi Tola, P.O.- Mahendru District- Patna. ... ... Petitioners
Versus
1.
The State of Bihar through the Principal Secretary, Department of Health Govt. of Bihar, New Secretariat, Patna.
2.
The Director Directorate of Health Services, Govt. of Bihar, New Secretariat, Patna.
3.
The Secretary, Bihar Staff Selection Commission, Bihar Veterinary College Campus, P.O.- B.V. College Patna-14 ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr. Dilip Kumar, Adv.
For the State :
Mr. Ravi Kumar AC to GP-13 For the BSSC :
Mr. Gyan Shankar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Bihar Staff Selection Commission.
2. The writ petitioners have filed the instant writ application seeking following relief:- "(i). That this writ petition is directed for issuance of an appropriate writ/writs, order/orders, direction/ directions to the
Patna High Court CWJC No.12862 of 2018(8) dt.11-07-2022 2/3 respondents authorities specially the respondent no.-3 for giving age relaxation in the advertisement No.- 07010116 for appointment of ECG Technicians as per order bearing no. la- la- & 04@Vs0 & 11 & 03@2015 647 dated 13.07.2016 and /or pass such other order or orders as your lordships may deem fit & proper in the ends of justice."
3. During pendency of this writ application, it is submitted by the petitioners counsel that the petitioners though were not selected in the process of selection arising out of Advertisement No 07010116, but they have been regularized and now they are in the regular establishment of the Government. They, however, submit that since they are in the regular establishment by way of regularization and not through the process of selection initiated under the above noted advertisement, a disparity in the pay being granted to the petitioners with that being paid to the candidates successful in the process of selection has emerged.
3. In respect of such disparity and claiming parity, the petitioners' counsel submits that he would be approaching the authorities. The submission is made keeping in background the fact that because the petitioners were not allowed 15 years relaxation in upper age limit, in the selection process, the said disparity has emerged.
4. Since the issue is yet to be raised, this Court would not
Patna High Court CWJC No.12862 of 2018(8) dt.11-07-2022 3/3 consider it appropriate to express any opinion on its merit. However, with the liberty to the petitioners to claim parity, the application is disposed of.
(Madhuresh Prasad, J) shyambihari/- U