Rajendra Prasad And ANR. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2335 of 2014 In LPA 515 of 2011 ======================================================

1. Rajendra Prasad Son of Late Ghuteshwar Harizan Resident of-204 RLV Apartment, Punaichak, District-Patna, at present posted as Executive Engineer (I/C)/ Deputy Director, Drinking Water and Sanitation Department, Nepal House, Government of Jharkhand, Ranchi, Jharkhand.

2. Yamuna Ram Son of Late Shanichar Ram Resident of-204 RLV Apartment, Punaichak, District-Patna, at present posted as Superintendent Engineer (In-charge)/ Technical Secretary to the Chief Engineer, Drinking Water and Sanitation Department, Doranda Pani Tanki, District-Ranchi, Jharkhand.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Smt. Anshuli Arya, Public Health and Engineering Department, Government of Bihar, Patna.

2. Mr. Hakim Prasad, the Deputy Secretary, Public Health and Engineering Department, Government of Bihar, Patna, Kumar Srivastava, the District Magistrate, Begusarai.

3. Mr. D.S. Gangwar, the Principal Secretary, Personnel and Administrative Reforms Department, Now named as General Administrative Department, Government of Bihar, Patna.

4. The State of Jharkhand through Mr. Sudhir Kumar, the Principal Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi.

5. Mr. Sudhir Kumar, the Principal Secretary, Drinking Water and Sanitation Department, Government of Jharkhand, Ranchi. .... .... Respondent/s ====================================================== With Miscellaneous Jurisdiction Case No.1412 of 2015 IN LPA 515 of 2011 ======================================================

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna

2. The Deputy Secretary, Public Health Engineering Department, Government of Bihar, Patna

3. The Principal Secretary, Personal and Administrative Report Department, Govt. of Bihar, Patna .... .... Petitioner/s

Versus

1. Rajendra Prasad S/O late Ghuteshwar Harizan resident of 204 RLV Apartment, Punaichak, District Patna at present posted as Executive Engineer (I/C) Drinking Water and Sanitation Department, Jharkhand, Ranchi

2. Yamuna Ram S/o Late Sanichar Ram resident of 204 RLV Apartment, Punaichak, District Patna at present posted as Executive Engineer (I/C) H.R. Drinking Water and Sanitation Department, Jharkhand, Ranchi

3. The State of Jharkhand through the Principal Secretary, Drinking Water and Sanitation Department, Govt. of Jharkhand at Ranchi

Patna High Court MJC No.2335 of 2014 (12) dt.08-09-2017 .... .... Opposite Party/s ====================================================== Appearance :

(In MJC No.2335 of 2014) For the Petitioner/s : Mr. Nagadeo Choubey For the Opposite Party/s : Mr.

(In MJC No.1412 of 2015) For the Petitioner/s : Mr. Jainendra Kumar Sinha For the Opposite Party/s : Mr. Nishi Nath Ojha ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 08-09-2017 Both the contempt applications are required to be dismissed.

The entitlement of the petitioners will flow from Rule 103 of the Bihar Service Code which has been taken note of in the order of the Division Bench.

It goes without saying that obligation of the respondents to comply with the order in true letter and spirit of Rule 103 would be required to be made, if not already made. Counsel for the respondents, however, submits that they have implemented the order, to the extent Rule 103 permits. (Ajay Kumar Tripathi, J) (Rajeev Ranjan Prasad, J) Arvind/- U