Pawan Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1314 of 2015 =========================================================== Pawan Kumar Singh Son of Late Upendra Narayan Singh resident of village - Sikhariya, P.S. & Distt. - Jamui .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Jamui

2. Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna

3. Principal Secretary, General Administration Department, Government of Bihar, Patna

4. Divisional Commissioner, Munger Division, Munger

5. District Magistrate, Jamui

6. District Programme Officer (Establishment), Jamui .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Prabhat Ranjan Singh, Advocate For the S t a t e : Mr Vishwambhar Pd, ACd to AAG V =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 23-04-2018 Heard the learned counsel for the petitioner and the respondent-State.

2 It is submitted by the learned counsel for the petitioner that in the panel prepared in the year 2003, the petitioner was at Serial No 137. he submits that under various orders passed on writ petitions filed by various other applicant peons in the district of Jamui, the process for appointment by way of regularization from 2003 panel is in progress. He refers to order passed in CWJC No 15196 of 2004 as

Patna High Court CWJC No.1314 of 2015 dt.23-04-2018 2/3 also in LPA No 709 of 2006. Relying upon the same, it is submitted by the petitioner that he is being discriminated against as though his candidature is not being considered by assigning reason that he is overage, but other persons who had applied in the year, 2013-2014 and who are also overage, their cases have been referred for relaxation in the upper age limit and recommendation has been made to the Divisional Commissioner in this respect. He relies upon the cases of Ravindra Singh, Ram Ashish Singh and Prem Kumar. It appears from the letter dated 03.11.2014 bearing Memo No 725 issued by the District Magistrate, Jamui that the case of three persons have been recommended for age relaxation even though they are also overage.

3 Since the petitioner is claiming parity with these persons by virtue of his empanelment along with these persons in the panel of 2003, it is required that the District Magistrate, Jamui may consider his claim also for relaxation of age if he is found to be similarly situated with these three persons in favour of whom recommendation has been made for relaxation of age. 4 The writ petition is disposed of with a direction to the District Magistrate, Jamui to consider the claim of the petitioner in light of the recommendation dated 03.11.2014 (supra) and pass a reasoned and speaking order in respect of claim of the petitioner in accordance with law.

Patna High Court CWJC No.1314 of 2015 dt.23-04-2018 3/3 5 Such order should be passed within a period of three months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.042018 Transmission Date NA