Md. Mozahidur Rahman @ Sahid Alam @ Md. Sahid And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16479 of 2016 ===========================================================

1. Md. Mozahidur Rahman @ Sahid Alam @ Md. Sahid Son of Late Md Hasibur Rahman, resident of Village Doria, Sonapur, P.S. Simraha (Forbesganj), District Araria, the then Driver of Jeep (Four Wheeler) Building Construction Department, P.W.D. Araria.

2. Md. Sazid Alam, son of Late Md. Hasibur Rahman, resident of Village Doria Sonapur, P.S. Simraha (Forbesganj), District Araria, Bihar, the then Peon, Collcetoriate, Panchayati Raj Department, Araria, District Araria.

3. Md. Rayyan Alam, Son of Md. Rafique, resident of Village Ghaghri, Post Bangama, Thana Bosi, District Araria, Bihar the then Peon, District Election Office, Araria.

4. Md. Naushad Alam, son of Late Harun Rashid, resident of VPO Doria Sonpur, P.S. Simraha (Farbisganj) District Araria, Bihar, the then Peon, District Election office, Araria, District Araria.

5. Md. Zahid Alam, Son of Late Md. Hasbur Rahman, resident of Village Doria Sonapur, P.S. Simraha (Forbisganj), District Araria, Bihar, the then Peon, District Election officer Araria, District Araria.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Personnel and Administrative to the reforms department, Government of Bihar, Patna.

3. The Commissioner, Purnia, Division, Purnia.

4. The Collector, cum District Magistrate, Araria.

5. The Deputy Development Commissioner, Araria, District Araria.

6. The Additional Collector, (Establishment), District Araria.

7. The Chief Medical Officer cum Civil Surgeon, Araria.

8. The District Nazarat Deputy Collector, Araria, District Araria.. null null

9. The Executive Engineer, Building Construction Department, Araria. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Respondent/s : Mr. PRABHAT KUMAR VERMA-AAG3 =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 31-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that the

Patna High Court CWJC No.16479 of 2016 dt.31-10-2018 2 /2 facts of the present case are identical to the case of C.W.J.C. No. 5844 of 2014 (Md. Bazrul Alam & Ors. Vs. The State of Bihar & Ors.) and its analogues cases the aforesaid orders squarely cover the issue involved in the present case. In such view of the matter, the concerned authority is directed to examine the facts, law and prayer of the case of petitioners and if it is found that present case is squarely covered by the aforesaid cases, the same benefit should also be extended to the petitioners.

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

(Shivaji Pandey, J) Vinay/Sunny AFR/NAFR NAFR CAV DATE NA Uploading Date1.11.2018 Transmission Date NA