Arun Kumar Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16023 of 2013 =========================================================== Arun Kumar Mishra Son Of Late Ram Kumar Prasad Mishra Resident Of Vill.- Pator, P.O.- Pator Via- Anandpur, Police Station- Pator, District- Darbhanga .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Agriculture Production Commissioner, Deptt. Of Agriculture, New Secretariat, Bihar, Patna

2. The Agriculture Production Commissioner, Department Of Agriculture, New Secretariat, Bihar, Patna

3. The Principal Secretary, Finance, Government Of Bihar, Old Secretariat, Patna

4. The Principal Secretary, General Administration Department, Government Of Bihar, Old Secretariat, Patna

5. The Principal Secretary, Welfare Department, New Secretariat, Patna

6. The Secretary, Department Of Agriculture, New Secretariat, Bihar, Patna

7. The Deputy Secretary, Welfare Department, New Secretariat, Patna

8. The Deputy Secretary, General Administration Department, Old Secretariat, Government Of Bihar, Patna

9. The District Magistrate, Darbhanga

10. The Child Development Project Officer, Gaura Bauram, Darbhanga .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prashant Kumar, Adv. For the Respondent/s : Mr. Mukund Mohan Jha, AC to GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 06-12-2016 Heard learned counsel for the parties.

In the present case, the petitioner is claiming continuity of service, seniority and benefits arising from 6th pay revision commission report and claimed that the Administrator, Bihar State Agriculture Marketing Board has granted the same benefit to others. The petitioner was an employee of the Bihar State Agriculture Marketing Board which was dissolved by Legislature of the State of Bihar and all the employees were treated to be an

Patna High Court CWJC No.16023 of 2013 dt.06-12-2016 employee of the State Government and, accordingly, the petitioner and others were regularized in service and the petitioner was absorbed in Gram Panchayat Raj Department.

A question was raised about seniority as well as entitlement of new pension scheme. That issue has already been gone into in C.W.J.C. No. 4452 of 2012 and this Court directed the State to reconsider the cases of those petitioners about entitlement of the benefit of old pension scheme as well as seniority in new Establishment.

Learned counsel for the petitioner submits that the present case is completely covered by the aforesaid judgment passed in C.W.J.C. No. 4452 of 2012. If that be so, let the authority should consider the case of this petitioner along with the case of the writ petitioners of C.W.J.C. No. 4452 of 2012.

With the aforementioned observation, this application is disposed of.

(Shivaji Pandey, J) Rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.12.2016 Transmission Date