Arunanand And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7041 of 2015 ===========================================================

1. Arunanand Son of Durganand Thakur resident of At & P.O. Brahman Toli, P.S. Nauhatta, District - Saharsa

2. Hareram Khan Son of Jagdish Khan resident of At + P.O. Parari, P.S. Bangaon, District - Saharsa

3. Ghuna Devi wife of Late Kapoor Chandra Yadav Son of Late Rajeshwar Yadav resident of At + P.O. Baijnath Patti, P.S. & District - Saharsa

4. Dhruv Kumar Paswan Son of Krishna Dayal Paswan resident At + P.O. Kahara, P.S. & District - Saharsa

5. Surendra Kumar Singh Son of Asarfi Prasad Singh resident of At Gangjala, P.O. + P.S. Saharsa, District - Saharsa .... .... Petitioners

Versus

1. The State of Bihar through the Principal Secretary, Department of Rural Development, Government of Bihar, Patna

2. The Principal Secretary, Department of Rural Development, Government of Bihar, Patna

3. The Commissioner, Koshi Division, Saharsa

4. The Collector, Saharsa

5. The Additional Collector, Saharsa

6. The Establishment Deputy Collector, Saharsa

7. The Najarat Deputy Collector of Collectoriate, Saharsa

8. The Director of Account & Self - Employment, District Gramin Vikash Abhikaran, Saharsa

9. The Deputy Development Commissioner - Cum - Managing Director of D.R.D.A. Saharsa .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Pramod Mishra, Advocate For the State : Mr. Rakesh Ranjan, AC to GP 22 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 23-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

I.A.No.3080 of 2016 has been filed on behalf of the petitioners submitting that during pendency of the writ petition petitioner no.3 Kapoor Chandra Yadav has passed away on 3.12.2015 leaving behind his wife Ghuna Devi. Learned counsel for the petitioners prays that the name of Ghuna Devi may be substituted in the place of petitioner no.3.

Patna High Court CWJC No.7041 of 2015 dt.23-07-2018 2/2 Prayer made in I.A.No.3080 of 2016 is allowed. Learned counsel for the petitioners is permitted to make necessary correction in the cause title of the writ petition. It is submitted on behalf of the petitioners that in view of settled position of law arising out of order dated 13.3.2018, passed in LPA No. 2082 of 2015 and C.W.J.C.No. 10653 of 2008, petitioners shall approach the District Magistrate, Saharsa (respondent no.4) in terms of declaration made in the said order. He submits that the petitioners' case is entirely covered by said judgment as they are working in the District Rural Development Agencies (DRDA) and are entitled to consideration under the absorption policy of the Government.

In view of the declaration of law as above, the writ petition is disposed of with liberty that the petitioners may make their detailed claim before respondent no.4 within a period of one week from today. If any such application is filed, respondent no.4 shall be obliged to consider their claim in accordance with law and dispose of the same by a speaking and reasoned order in light of the decision in LPA No.2082 of 2015.

(Madhuresh Prasad, J) Shashi.

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