Ale Nabi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18995 of 2015 =========================================================== Ale Nabi, Son of Late Manzrunnabi, resident of Village- Jitwarpur, P.S. Samastipur Town, Disrict Samastipur.

.... .... Petitioner/s

Versus

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

2. The Secretary, Department of Social Welfare (Previously known as Commissioner and Secretary and Welfare Department).

3. The Director Integrated Child Development Service, Indira Bhawan, 2nd Floor, Boring Canal Road, Patna.

4. The Commissioner and Secretary, Department of Finance, Government of Bihar, Main Secretariat, Patna.

5. The Secretary, General Administration Department (Formerly known as Personnel and Administration Reforms Department), Main Secretariat, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kumar Thakur, Advocate Mr. Braj Kishore Singh, Advocate Mr. Rajesh Kumar, Advocate For the Respondent/s : Mr. Mahendra Prasad Verma, AC to SC20 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-09-2018 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 case of C.W.J.C. No. 6834 of 2017 (Chanarik Baitha Vs. The State of Bihar & Ors.) L.P.A. No. 608 of 2006 (Avinash Vatsyayan Vs. The State of Bihar & Ors.) and M.J.C. No. 4793 of 2010 (Shiv Shankar Prasad Singh & Ors. Vs. The State of Bihar & Ors.) and its analogues cases, the aforesaid orders squarely cover the

Patna High Court CWJC No.18995 of 2015 dt.27-09-2018 2 /2 issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine facts, law and prayer of the case of the petitioner and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioner. The whole process should be completed within a period of four months from the date of receipt/production of a copy of this order.

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

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date28.9.2018 Transmission Date NA