Subhash Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11725 of 2022 ====================================================== 1.

Subhash Mandal son of Late Narayan Mandal, resident of village Tahval Nagar, P.O. and P.S. Shahkund, District Bhagalpur, PIN 813108. 2.

Md. Nurujama @ Md. Nurajma son of Md. Alam, resident of village Jamunapur, P.S. - Adapur, P.O. - Auraiya, District - East Champaran. 3.

Jay Kumar @ Jay Kumar Ray son of Shri Satya Narayan Singh, resident of Village - Dumri, P.O. and P.S. - Bihta, District - Patna. 4.

Md. Jalil Hussain son of Md. Rafique Hussain, resident of village - Sheikhpura, Bailey Road, B.V.C. Rokanpura, P.S -Airport, P.O. - B.V. College, District -Patna.

5.

Sachcha Lal Yadav son of Shri Ganga Ray Yadav, resident of Village - Naya Panapur, P.O. - Manas, P.S. - Akkilpur, District - Patna. 6.

Shri Aniruddh Ram son of Shri Dev Lal Ram, resident of Village - Bara, P.O. - Bara, P.S. - Bhagwanganj, District - Patna. 7.

Sadhu Sah son of Shri Mahraj Sah, resident of village - Maghi Barwa, P.S. - Aadapur, P.O. - Barwa, District- East Champaran. 8.

Shri Manoj Kumar son of Shri Raghunath Prasad, resident of village - Dharfari, P.S. - Paru, P.O. - Dharfari, District - Muzaffarpur. 9.

Zulfikar Ali son of Nabi Rasul, resident of village - Jaipur, P.S. - Kateya, P.O. - Baghi Bazar, District - Gopalganj.

10.

Rajesh Kumar Prasad son of Late Baliram Prasad, resident of village - Ramchandrapur, P.S. - Thave, P.O. - Ramchandrapur, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Principal Secretary, Education Department, Government of Bihar, Patna.

3.

The Director, General Education-cum-Additional Secretary, Education Department, Bihar, Patna.

4.

The Director, Science and Technology Department, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashish Giri For the Respondent/s :

Mr. Madanjeet Kumar (Gp20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-09-2022 Today being Friday, matters are being taken up

2/4 through virtual mode, as per current procedure for hearing. Having worked in the Education Department for strengthening vocational training under the scheme of the World Bank on contractual basis, the petitioners had approached this Court earlier in CWJC No. 2844 of 2001 aggrieved by their termination of contractual services. Order was passed that in future if appointment is made then the petitioners would be entitled to reasonable weightage for their period of service. When the authorities proceeded for making appointments without giving opportunity to the petitioners and others who were parties to CWJC No. 2844 of 2001, they have filed a writ petition. The case of some persons who were parties to CWJC No. 2844 of 2001 similarly situated as the petitioners, was taken up recently by this Court in CWJC No. 1430 of 2021 wherein the Court had passed the final order which reads as follows: "Having regard to the litigation after litigation on behalf of the petitioners, the respondent Science and Technology Department has shown inaction resulted in presenting this petition.

Having regard to the dates and events, Director Science and Technology Department is hereby directed to initiate process of recruitment to the Class-IV post of 282

3/4 vacancies on war footing basis and complete the process of selection and appointment within a period of eight months from today. If the petitioners participate in the process of selection and appointment necessary relaxation be given in terms of judicial pronouncements, if any. Appearance of Director, Science and Technology Department, Patna is dispensed with.

With the aforesaid observations, the present writ petition stands disposed off."

Learned counsel for the petitioners relying upon the order passed in CWJC No. 1430 of 2021 passed on 31.01.2022 submits that others similarly situated as the petitioners have been extended the benefit of the order passed in CWJC No. 1430 of 2021.

The limited prayer on behalf of the petitioners' counsel is that this case may also be disposed of in terms of the order passed in CWJC No. 1430 of 2021.

The learned State counsel has appeared through virtual mode and has no objection to disposal of the petitioners' writ petition in terms of the order passed in CWJC No. 1430 of 2021.

Writ application is disposed of in terms of the order

4/4 dated 31.01.2022 passed in CWJC No. 1430 of 2021, quoted above.

(Madhuresh Prasad, J) SUMIT/- U