Sanjay Kumar And ORS. v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2655 of 2013 Arising out of Civil Writ Jurisdiction Case No.20366 of 2011 ====================================================== 1.

Sanjay Kumar, son of Shri Parsan Tiwari, resident of Loukhan, P.S.- Paharpur, District- East Champaran.

2.

Sanjeev Kumar Singh, son of Sri Anand Bhushan Singh, resident of village- Chechar, P.S.-Bidupur, District- Vaishali. 3.

Shobha Kant Yadav, son of Sri Amar Nath Yadav, resident of villageSonu Tola, Kachharia, P.S.-Pirpainty, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The Union of India through the Director General of Police, Central Reserve Police Force, New Delhi, namely, Sh. Pranay Sahay, son of name not known to the petitioners.

2.

Director General of Police, Central Reserve Police Force, namely, Sh. Pranay Sahay, son of name not known to the petitioners. 3.

Inspector General of Police, Central Reserve Police Force, Bihar Sector, Patna, namely, Sh. Vivek Sahay, son of name not known to the petitioners.

4.

Deputy Inspector of General of Police, Group Centre, Muzaffarpur, namely, Sh. Siraj Sahay, son of name not known to the petitioners. 5.

Commandant, Office of the Deputy Inspector General of Police, Group Centre, Muzaffarpur, namely, Sh. Satish Kumar Dubey, son of name not known to the petitioners.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Advocate Mr. M. N. Roy, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar Verma, ASG, Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-10-2019 Heard learned counsel for the petitioners and Mr. Rajesh Kumar Verma, learned Additional Solicitor General, along with Mr. Manoj Kumar Singh, learned CGC, for the Union of India.

Patna High Court MJC No.2655 of 2013 dt.17-10-2019 2/3 2.

The matter has been listed on Motion Slip filed by the learned Additional Solicitor General informing the Court that the matter has become infructuous.

3.

Today, it has been submitted by the learned Additional Solicitor General that order of the writ Court was to reinstate the petitioners in service with all benefits of service, both financial and promotional/incremental etc. Thereafter, the Union of India filed LPA No.852 of 2014 which was also dismissed on 22.01.2016. After that, the Union of India approached the Hon'ble Supreme Court in Civil Appeal No.6220 of 2016 along with its analogous cases, and the Hon'ble Supreme Court by order dated 31.01.2018, dismissed the appeal, but with slight modification to the extent that it was directed that the Division Bench order of this Court be implemented without payment of back-wages on or before 01.03.2018.

4.

Learned counsel for the Union of India submitted that they have implemented the writ Court order in terms of the modification made by the Hon'ble Supreme Court. 5.

In view thereof, nothing remains in the application. Accordingly, the same stands disposed off.

6.

However, it shall always be open to the petitioners to move before the competent authority with regard to any issue

Patna High Court MJC No.2655 of 2013 dt.17-10-2019 3/3 connected with order dated 05.10.2012 passed in CWJC No.20366 of 2011 read with order of the Hon'ble Supreme Court dated 31.01.2018.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U