Nand Kishore Lal Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.22 of 2017 In Civil Writ Jurisdiction Case No. 12953 of 2013 ======================================================

1. Nand Kishore Lal Das, Son of Raghupati Lal Das, Resident of village - Bharhulli, P.O. Kora, P.S. Bharwara, District - Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Cmmissioner - Cum - Secretary, Human Resources Development Department, Govt. of Bihar, Patna

2. The Cmmissioner - Cum - Secretary, Human Resources Development Department, Govt. of Bihar, Patna

3. The Principal Secretary, Department of General Administration, Government of Bihar, Patna

4. The Director, Mass Education Government of Bihar, Patna

5. The Chairman, Bihar Khadi Gramodyog Sangh, Bihar, Patna

6. The Secretary, Darbhanga District Khadi Gramodyog Sangh, Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. Ashutosh Ranjan Pandey, AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed to recall the order dated 4.10.2016 passed in C.W.J.C. No.12953 of 2013. C.W.J.C. No.12953 of 2013 has been disposed of vide order dated 4.10.2016 placing reliance on the order dated 21.4.2011 passed in C.W.J.C. No.8418 of 2010. The submission was made that the case of Nand Kishore Lal Das (present petition) is squarely covered by the order passed in

Patna High Court MJC No.22 of 2017 (2) dt.12-07-2017 C.W.J.C. No.8418 of 2010. As in the present writ petition Nand Kishore Lal Das was shown as Non-formal Instructor whereas in reality he was not holding the post of Non-formal Instructor but Non-formal Supervisor and C.W.J.C. No.8418 of 2010 deals with the case of Non-formal Instructor. In such circumstances, the order passed in C.W.J.C. No.8418 of 2010 does not cover the case of Nand Kishore Lal Das.

In such view of the matter, the judgment dated 4.10.2016 passed in C.W.J.C. No.12953 of 2013 is hereby recalled and the same should be treated that no such order has been passed in the aforesaid writ petition.

Accordingly writ petition is revived, be placed before an appropriate Bench after obtaining permission from Hon'ble the Chief Justice.

Accordingly this application is disposed of.

(Shivaji Pandey, J) Vinay/- U