Rabindra Kuamr And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3307 of 2017 ======================================================

1. Rabindra Kuamr, Son of Shri Garib Das Resident of Village - Bariyarpur, P.O. - Piri Bazar (Losgani), P.S. - Piri Bazar, District - Lakhisarai, presently posted as Assistant Engineer, Flood Control Division, Katihar.

2. Mukhlal Ram Son of Fulchand Ram Resident of At + P.O. - Dehri, P.S.- Rajpur, District - Buxar, presently posted as Assistant Engineer, Local Area Engineering Organisation, Works Division - 1, Katihar.

3. Vijay Kumar Son of Late Vechan Mahto Resident of Village - Madapur - Chapra, P.O. - Pusa, P.S.- Pusa, District - Samastipur, presently posted as Assistant Engineer (Civil), Punpun Flood Protection Sub Division, Punpun, Patna.

4. Ravindra Prasad Son of Nathuni Mahto Resident of At - Majlispur, P.O. - Gokhula, P.S. - Bidupur, District - Vaishali, presently posted as Assistant Engineer, Dam & Gate Design Division - 2, Patna.

5. Chandradeo Rajak Son of Dashrath Rajak Resident of Village - Barmasiya, P.O. + P.S. + District - Katihar, presently posted as Assistant Engineer, Flood Control Division, Kadha Gola, Katihar.

6. Lalan Baitha Son of Late Badri Baitha Resident of Village + P.O. -Naya Gaon, P.S.- Shyampur Bhatha, District - Sheohar, presently posted as Assistant Engineer, Sikarhana Embankment Division, Motihari.

7. Shambhu Paswan Son of Late Dayaram Paswan Resident of Village - Parmanandpur, P.O. - Koshi College, P.S. - Khagaria, District-Khagaria, presently posted as Assistant Engineer, Local Area Engineering Organisation, Work Division No. 1, Gaya.

8. Kameshwar Sah Son of Baldev Sah Resident of Village - Balibhadrapatti, P.O. - Mirganj, P.S. - Mirganj, District - Gopalganj, presently posted as Assistant Engineer, Triveni Canal Division, Raxaul.

9. Bindhyachal Kumar Son of Late Waran Ram Resident of Village - Bargawan, Tola - Chautarwa, P.O. - Bargawan, P.S.- Bagaha, District - West Champaran, presently posted as Assistant Engineer, Flood Control & Drainage Division, Biharsharif. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3. The Secretary, Department of Finance, Bihar, Patna.

4. The Deputy Secretary-1 (Management), Water Resources Department, Government of Bihar, Patna.

5. The Under Secretary, Personnel Claims Fixation Cell (Finance Department), Bihar, Patna.

Patna High Court CWJC No.3307 of 2017(3) dt.19-12-2018 2/3

6. The Engineer-in-Chief (Flood Control & Drainage), Water Resources Department, Government of Bihar, Patna.

7. The Engineer-in-Chief (Headquarter), Water Resources Department, Government of Bihar, Patna.

8. The Engineer-in-Chief (Planning & Development), Water Resources Department, Government of Bihar, Patna.

9. The Chief Engineer (Flood Control & Drainage), Water Resources Department, Katihar.

10. The Chief Engineer (Flood Control & Drainage), Water Resources Department, Biharsharif.

11. The Chief Engineer (Flood Control & Drainage), Water Resources Department, Patna.

12. The Chief Engineer (Flood Control & Drainage), Water Resources Department, Muzaffarpur.

13. The Chief Engineer (Local Area Engineering Organisation), Planning & Development Department, Patna.

14. The Chief Engineer (Central Design Research & Quality Control), Water Resources Department, Anisabad, Patna.

15. The Chief Engineer (Irrigation Creation), Water Resources Department, Motihari.

16. The Superintending Engineer, Flood Control & Drainage Circle, Katihar.

17. The Superintending Engineer, Flood Control & Drainage Circle, Motihari.

18. The Superintending Engineer, Flood Control & Drainage Circle, Patna.

19. The Superintending Engineer, Flood Control & Drainage Circle, Biharsharif.

20. The Superintending Engineer, Mahananda Flood Control & Drainage Circle, Katihar.

21. The Superintending Engineer, Local Area Engineering Organisation, Works Circle, Purnea.

22. The Superintending Engineer, Local Area Engineering Organisation Circle, Gaya.

23. The Superintending Engineer, Tirhut Canal Circle, Raxaul.

24. The Superintending Engineer, Dam & Gate Design Circle, Patna.

25. The Executive Engineer, Triveni Canal Division, Raxaul.

26. The Executive Engineer, Flood Control Division, Katihar.

27. The Executive Engineer, Flood Control Division, Biharsharif.

28. The Executive Engineer, Flood Control Division, Kadhagola Katihar.

29. The Executive Engineer, Flood Control & Drainage Division, Motihari.

30. The Executive Engineer, Local Area Engineering Organsiation, Work Division - 1, Katihar.

31. The Executive Engineer, Local Area Engineering Organisation, Work Division - 1, Gaya.

32. The Executive Engineer, Punpun Flood Protection Division, Anisabad, Patna.

33. The Executive Engineer, Dam & Gate Design Division - 2, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, Advocate Kumari Shubham, Advocate For the Respondent/s :

Mr. Vikash Kumar-SC-11 Mr. Vikash Kumar, A.C. to S.C.-11 ======================================================

Patna High Court CWJC No.3307 of 2017(3) dt.19-12-2018 3/3 CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-12-2018 Learned counsel for the petitioners submits that the facts of the present case are identical to the facts of C.W.J.C. No. 7245 of 2017 (Shankar Bhagwan Prasad vs. The State of Bihar and Ors.) and C.W.J.C. No.5823 of 2009 (Suresh Paswan vs. The State of Bihar and Ors.) In such view of the matter, let the respondent authorities examine the case of the present petitioners vis-a-vis the case of the petitioners of C.W.J.C. Nos. 7245 of 2017 and 5823 of 2009 and if it is found that the facts, prayer and law of all the cases are identical, in such circumstance, the present petitioners will be given the same benefit as has been given to the petitioners of C.W.J.C. No.7245 of 2017 and 5823 of 2009 within a period of four months from the date of receipt/production of a copy of this order.

It is clarified that this Court is not giving any opinion on the merit of the case.

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

(Shivaji Pandey, J) pawan/- U