Ganga Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1087 of 2014 ===========================================================

1. Ganga Prasad Yadav Son Of Late Hari Mohan Yadav Resident Of Village, Post Office And Gram Panchayat- Jalki, Police Station And Block- Ajam Nagar, DistrictKatihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Department Of Panchayati Raj, Government Of Bihar, Patna

3. The Director, Directorate Of Panchayati Raj, Government Of Bihar, Patna

4. The District Magistrate Katihar

5. The Deputy Development Commissioner Katihar

6. The District Panchayat Officer Katihar

7. The Chairman/Secretary, Bihar Staff Selection Commission, Post OfficeVeterinary College, Patna

8. Sabbir Hussain Son Of Samshul Haque Resident Of Village- Mallikpur, Post Office- Nimaul, Gram Panchayat- Mallikpur, Block- Azam Nagar, District- Katihar At Present Posted At Panchayat Secretary In Kadwa Block Within The District Of Katihar .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Roy For the Respondent/s : Mr. Kuber Pathak For the Respondent No. 8:

Mr. Sanjeev Kumar Singh For the BSSC:

Mr. Prabhat Kumar =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 10-03-2015 *************** 10.03.2015 Heard learned counsel for the parties.

There are many a reasons why the Court is not expressing its opinion on the challenge made to Annexure-1 in the present writ application, which is coming in the way of the petitioner's appointment on the post of Panchayat Sewak / Secretary, despite a recommendation having been earlier made in his favour at the district level.

Patna High Court CWJC No.1087 of 2014 dt.10-03-2015 2/2 The Court, however, has been taken through the detailed order, passed by the Principal Secretary, Panchayati Raj, dated 21.01.2012. It will be in the interest of things that if an application is filed by the petitioner before the Principal Secretary he will also consider the claim of the petitioner in the backdrop of what has been deliberated in the impugned order, contained in Annexure-1 and his objections thereto and pass an order on his individual claim.

The Principal Secretary would be obliged to take a decision within a period of three months from the date of filing of such an application by the petitioner. Writ application is disposed off with liberty as above.

(Ajay Kumar Tripathi, J.) SKM/- U