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Patna High CourtCWJC/6808/2016disposed

Ramnath Ram And ORS v. The State Of Bihar And ORS

2019-05-01Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6808 of 2016 ====================================================== 1.

Ramnath Ram Son of Sri Kari Ram Resident of Village Post - Kharika, Block Police Station - Sonpur, District - Saran at Chapra. 2.

Sanjay Kumar Paswan Son of Sri Tanuk Paswan Resident of Village - Gobargarha, Post - Nandlali, Block - Sattar Kataiya, District - Saharsa. 3.

Lakhan Paswan Son of Sri Ganga Paswan Resident of Village Post - Belahi Neelkanth, Block P.S. Runnisaidpur, District - Sitamarhi. 4.

Bhushan Prasad Son of Sri Brahmdeo Prasad Resident of Village - Panchubigha, Post - Rampur Chay, Block - Karpi, District - Jehanabad Now Arwal.

5.

Kusheshwar Ravidas Son of Sri Raghu Ravidas Resident of Village Post - Bharsar, Block - Bhawanipur, District - Purnea. 6.

Arjun Prasad Son of Sri Mangar Mahto Resident of Village - Khemanibigha, Post Block P.S. Noorsarai, District - Nalanda. 7.

Arbind Kumar Son of Bhikhar Ram Resident of Village - Sikariya, P.O. Block P.S. Kutumba, District - Aurangabad.

8.

Umesh Ram Son of Madan Mohan Ram Resident of Village - Talsehan, P.O. Khajechand Chapra, Panchayat - Chaurahi, District - Vaishali. 9.

Ramnaresh Yadav Son of Ramdeo Yadav Resident of Village - Kushitol Bishambhar Bigha, Post - Karma Bhagwan, Block District - Aurangabad. 10.

Bhikhari Ram Son of Muneshwar Ram Resident of Village - Aruhi, Block - Karahgar, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna.

3.

The Director, Panchayati Raj, Govt. of Bihar, Patna. 4.

Bihar Staff Selection Commission, Patna through its Secretary. 5.

The Chairman, Bihar Staff Selection Commission, Patna. 6.

The Secretary, Bihar Staff Selection Commission, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.Anuj Kumar, AC to GP24 For Intervenors Mr. Dineshwar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-05-2019 Heard counsel for the petitioners and respondent-

Patna High Court CWJC No.6808 of 2016(6) dt.01-05-2019 2/3 State.

Claim in the instant writ petition is made by ten Dalpatis claiming appointment of Panchayat secretary. Objection has been raised by the State that cases of ten petitioners have been clubbed and it is, therefore, not possible to examine individual claim of each writ petitioner. Counsel for the petitioners submits that as per extant policy of the State Government, petitioners would be approaching respondent no.3 with their individual claim. In the circumstance, this court would grant liberty to the petitioners to approach respondent no.3 (The Director, Panchayati Raj, Government of Bihar, Patna) not later than four weeks from today. In the event, such application is filed, respondent no.3 would be under a legal obligation to consider the same and dispose off petitioner's claim in accordance with law by reasoned and speaking order expeditiously and without undue delay.

Petitioners' counsel also submits that I.A. no. 7349/2018 has been filed by 16 persons claiming to be similarly situated as the petitioners, they are claiming appointment of Panchyat secretary by virtue of passing service of Dalpati. In view of observations in case of original petitioners the

Patna High Court CWJC No.6808 of 2016(6) dt.01-05-2019 3/3 applicants under I.A. no. 7349/2018 would also be at liberty to agitate their claim before respondent no.3 individually. Writ petition is disposed off.

(Madhuresh Prasad, J) s.hassan/- U