Bishwanath Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10992 of 2017 ======================================================

1. Bishwanath Sah Son of late Bitul Sah Resident of Ward No. 15, Mohalla Kharaiya Basti, Post Office Araria, Police Station Araria, District Araria.

2. Yugal Prasad Son of late Mohan Bhagat Resident of Mohalla Kharaiya Basti, Ward No. 15, Post Office Araria, Police Station Araria, District Araria.

3. Rabindra Lal Biswas Son of late Bhishm Lal Biswas Resident of Village Borail, Post and Police Station Mahalgaon, District- Araria.

4. Md. Harun Rashid Son of late Maneeruddin Resident of Ward No. 8, Village and Pot Office Chakai, Police Station Jokihat, District- Araria.

5. Hem Narayan Yadav Son of late Ram Dular Yadav Ward No. 20, High School Road, Post Office Forbesganj, District- Araria.

6. Raj Kumar Rai Son of late Ram Narayan Rai Ward No. 9, Village and Post Office Kamaldah via Araria , Police Station Araria, DistrictAraria.

7. Vivekanand Singh Son of late Yadunandan Prasad Singh Resident of Village, Post office and Police Station Rupauli, District- Purnia.

8. Shankar Prasad Son of late Naresh Prasad Ward No. 25, Ram Janki Gokulsi Thakurbari, Tatama Tolai Ranjani Chowk Bhattha Bazar, Punia, Police Station- K. Hat, District Purnia.

9. Saryug Prasad Son of Rambrichh Rai Ward No. 25, Ram Janki Gokulsi Thakurbari, Tatama Tolai Ranjani Chowk Bhattha Bazar, Punia, Police Station- K. Hat, District Purnia.

10. Yamuna Ram Son of late Sahabir Ram Resident of Village Madanpur Bazar, Post Office Madanpur Bazar, Police Station Madanpur Bazar, District- Araria.

11. Md. Saiddur Rahman Son of late Md. Idrish Resident of Ward No. 20, Azad Nagar Post Office Araria, District- Araria.

12. Md. Mustaque Alam Son of late Sheikh Nurul Hassan Resident of Vilage Bhansiya, Ward No. 4, Post Office P.T. Domaria, Police Station Mahalgaon, District- Araria.

13. Sadanand Mandal Son of late Kulo Mandal Resident of Village Rampur Parighat Post Office Chatpahari, Police Station Rupauli, DistrictPurnia.

14. Bishwanath Thakur Son of late Ramprit Thakur Resident of Village Gouridih, Post Office Rounia, Police Station Barari, District- Katihar.

15. Binod Kumar Rai Son of late RamKrishna Prasad Rai Resident of Mohalla Panitanki Campus, Gamitola, Katihar, District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary to Government, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

2. The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

3. The Chief Engineer(Mechanical), Public Health Engineering Department, Bisheshwaraiya Bhavan, Bailey Road, Patna.

4. The Superintending Engineer, Public Health Mechanical Circle,

Patna High Court CWJC No.10992 of 2017 (2) dt.17-04-2018 2/2 Bhagalpur, District Bhagalpur.

5. The Executive Engineer, Public Health Mechanical Division, Purnia, District- Purnia.

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

For the Petitioner/s : Mr. Lalan Kumar Singh For the Respondent/s : Mr. S. Raza Ahmad- Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2018 The learned counsels for the parties are in agreement that the present case is squarely covered by a judgment of this Court dated 21.3.2017 passed in CWJC No. 19195 of 2011. In view of the aforesaid, it is directed that the respondents shall count the services of the petitioners rendered in the work charged establishment before their absorption for the purpose of grant of benefits of ACP/ MACP as well as for the purpose of pensionable service.

The writ petition is disposed of with the aforesaid observation.

(Mohit Kumar Shah, J) BTiwary/- U