Rajendra Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No 8749 of 2011 ====================================================== 1.
Rajendra Kumar, S/o Late Anantu Ram, R/o Village-Kacharhia, P.S.-Chandi, Distt.-Nalanda, At present holding the Post of Accountant District Treasury, Siwan 2.
Ram Lagan Ram, S/o Late Ram Adhar Ram, R/o Village-Dhandiha, P.S.- Koilwar, Distt.-Bhojpur, At present holding the Post of Accountant, District Treasury, Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Bihar, Patna 2.
The Principal Secretary, Department of Finance, Govt of Bihar, Patna 3.
The Secretary (Expenditure) Department of Finance, Bihar, Patna 4.
The Joint Secretary, Treasury Cell, Department of Finance, Bihar, Patna 5.
The District Magistrate, Siwan 6.
The Treasury Officer, Siwan ... ... Respondent/s ====================================================== For the Petitioner/s :
M/s G K Jha, B B Jha, S K Jha, Advocates For the Respondent/s :
Mr Aditya Nath Jha, AC to SC XVIII ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 08-07-2019 Heard learned counsel for the petitioner and the respondent-State.
2 The common stand of the parties in the proceedings today is that the claim raised by the petitioners in the instant proceedings is covered by the decision of this Court in the case of Bihar Rajya Koshagar Avam Lekha Pratiniyukta Karamchari Sangh & Others -Verssus- State of Bihar & Others in the proceedings arising out of CWJC No 3890 of 2006. This Court, in
Patna High Court CWJC No.8749 of 2011 dt.08-07-2019 2/2 the said proceedings, by order dated 04.09.2006, has partly allowed the prayer of the writ petitioners and directed the respondent-authority to absorb the petitioners with effect from the date of the earlier order for absorption on the post of Upper Division Clerk in the Collectorate Cadre of Clerks giving them the benefit of pay protection as they had been receiving in the Boards/Corporations.
3 Since the claim of the petitioners is a covered matter, as per submission of the parties, no adjudication is required. This Court, however, would observe that petitioners would also be entitled to absorption with effect from the date of the earlier order for absorption on the post of Upper Division Clerk in the Collectorate Cadre of Clerks giving them the benefit of pay protection as they had been receiving in the Boards/Corporations. 4 Writ petition stands partly allowed in terms of the said judgment.
(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.07.2019 Transmission Date NA