Patna High CourtCWJC/15836/2014disposal with observation

Sanjay Kumar Singh v. The State Of Bihar And ORS

2018-12-19Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15836 of 2014 ====================================================== Sanjay Kumar Singh, Son of late Ramdip Singh, Village - Pasewa, P.O. + P.S. - Imamganj, District-Gaya, at present posted as Tubel Mistri 'Nimna Bargya Lipik (Kaniya Lekha Lipik)' in the office of the Executive Engineer, P.H. Division, Sasaram.

... ... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Bihar, Patna.

2. The Principal Secretary, P.H.E.D., Bihar, Patna.

3. The Principal Secretary, Department of General Administration, Bihar, Patna.

4. The Principal Secretary Department of Finance, Bihar, Patna.

5. The Principal Secretary Department of Water Resources Government of Bihar, Patna.

6. The Engineer-in-chief, P.H.E.D., Bihar, Patna, Vishwasraiya Bhawan, Patna.

7. The Chief Engineer (Mechanical), P.H.E.D., Bihar, Patna, Vishwasaraiya Bhawan, Patna.

8. The Superintending Engineer, P.H. Circle, Sasaram, District - Sasaram.

9. The Executive Engineer, P.H. Division, Sasaram, District - Sasaram. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar Choubey, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, G.A.-7 Mr. Abhishek Singh, A.C. to G.A.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the facts of the present case are identical to the facts of C.W.J.C. No.9921 of 2017 (Binit Kumar and Ors. vs. The State of Bihar

Patna High Court CWJC No.15836 of 2014(2) dt.19-12-2018 2/2 and Ors.) and C.W.J.C. No.7027 of 2017 (Deepak Kumar and Anr. vs. The State of Bihar and Ors.), which have been challenged in L.P.A. No.1702 of 2017 unsuccessfully and the Hon'ble Supreme Court has refused to interfere with the order of the High Court in S.L.P. (C) No.23765 of 2018 and submits that the present petitioner is also entitled to the same relief as has been given to those petitioners.

In such view of the matter, let the respondent authorities examine the case of the present petitioner vis-a-vis the case of the petitioners of C.W.J.C. Nos. 9921 of 2017 and 7027 of 2017 and if it is found that the facts, prayer and law of all the cases are identical, in such circumstance, the present petitioner will be given the same benefit as has been given to the petitioners of C.W.J.C. No.9921 of 2017 of 2013 and 7027 of 2017.

It is clarified that this Court is not giving any opinion on the merit of the case.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U