Jaymanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10865 of 2023 ====================================================== Jaymanti Devi Wife of Haridwar Paswan, resident of P.W.D. Sundarvan, Bhadraghat, Patnacity, Gulzarbagh, P.S.- Gulzarbag, District - Patna - 800007. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Building Construction Department, Government of Bihar, Patna.

2.

The Principal Secretary, Building Construction Department, Government of Bihar, Visheshwaraiya Bhawan, Baily Road, Patna. 3.

The Superintending Engineer, Building Construction Department, Building Division, Patna.

4.

The Executive Engineer, Building Construction Department, Building Division, Patna.

5.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Karn, Advocate For the State :

Mr. Tripurari Nath Ambastha, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 14-09-2023 Heard Mr. Sunil Kumar Karn, learned counsel appearing on behalf of the petitioner and Mr. Tripurari Nath Ambastha, learned AC to SC-26 for the State.

2. Learned counsel appearing on behalf of the petitioner informs this Court that the relief(s) sought for in the present writ petition is squarely covered by judgment of Full Bench of this Court dated 02.09.2019 passed in CWJC No. 10063 of 2012 ( Amrika Devi And Ors vs The State Of Bihar And Ors).

3. Considering the aforesaid submission made on behalf of the petitioner, the Principal Secretary, Building

Patna High Court CWJC No.10865 of 2023 dt.14-09-2023 2/2 Construction Department, Government of Bihar- respondent no. 2, is directed to call for the service records relating to the petitioner from both the establishments i.e. work charge establishment and regular establishment and taken authoritative decision after comparing the law laid down by this Court in case of Amrika Devi And Ors vs The State Of Bihar And Ors in CWJC No. 10063 of 2012 dated 02.09.2019 within a period of six weeks from the date of filing of the representation and make payment of dues in accordance with law to which the petitioner is entitled for.

4. In case, the respondent no. 2 finds that petitioner is not entitled for relief as claimed for in the present writ petition and representation submitted by him in that case, he is required to give prior notice to the petitioner so that the petitioner can defend his case.

5. With above observations and directions, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 18.09.2023 Transmission Date N/A