Nagendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16279 of 2019 ====================================================== 1.

Nagendra Mishra Son of Late Satya Narayan Mishra resident of MohallaMahavir Colony, Beur Road, P.S.- Beur, District- Patna. 2.

Md. Rizwan, Son of Md. Muslim, resident of Mohalla- T-2, New Punaichak, P.S.- Shastri Nagar, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Additional Chief Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Home (Special) Department, Government of Bihar, Patna.

4.

The Under Secretary, General Administration Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (GP-5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-08-2019 The petitioners are aggrieved by their being placed below thirteen persons in the gradation list who had come back from Jharkhand to the State of Bihar after the petitioners.

It has been submitted that the petitioners were serving different departments in the State of Jharkhand and after the bifurcation of the State, came back to the State of Bihar on mutual transfer as agreed upon and as

Patna High Court CWJC No.16279 of 2019(2) dt.22-08-2019 2/3 mandated under the Bihar Re-organization Act, 2000. The petitioners were to be placed down below the gradation list but definitely above those persons who had come from Jharkhand later than the petitioners. A provisional gradation list also was prepared and an objection was sought for from the aggrieved persons. The petitioners made necessary application on which certain documents were demanded from them but the gradation list has not yet been rectified.

Several representations and legal notices served by the petitioners upon the respondents have yielded no result.

Under the aforesaid circumstances, this Court directs the petitioners to make a detailed representation before the Additional Chief Secretary, General Administration Department, Government of Bihar, Patna (respondent No. 2) within a period of two weeks from today, who, on receipt of the same, after verifying the facts shall pass orders in accordance with law within a

Patna High Court CWJC No.16279 of 2019(2) dt.22-08-2019 3/3 period of ten weeks of the receipt of such representation.

With the aforesaid observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U