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Patna High CourtL.P.A/278/2017dismissed

The State Of Bihar And ORS v. Rajnandan Prasad Ravidas

2018-04-13Justice Smt. Nilu Agrawal,Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.278 of 2017 In Civil Writ Jurisdiction Case No.14494 of 2006 ======================================================

1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna

2. That Commissioner, Cum Secretary, Water Resources Department, Govt. of Bihar, Patna.

3. That Chief Engineer Water Resources Department, Balmikinagar.

4. The Superintedent Engineer, Tirhut Canal Circle, Water Resources Department, Raxual.

... ... Appellants

Versus

Rajnandan Prasad Ravidas Son of Late Marachu Prasad Ravidas Resident of Village-Ravikar, P.S.-Ram Vilash Nagar, District-Aurangabad. ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr. Shyama Kant Singh For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 13-04-2018 Heard counsel for the appellant-State and the private respondent. Perused the order of the learned single Judge dated 31.03.2016 passed in C.W.J.C. No. 14494 of 2006. Since the decision of the learned single Judge is based on the ratio of a Division Bench decision rendered in the case of Dr. Paras Nath Prasad Vs. The State of Bihar and others, reported in 1990 (2) PLJR 248, which, in our opinion, does cover the case of the present respondent, the learned single Judge has committed no error in allowing the writ and giving a direction for giving benefits of the promoted post.

Patna High Court LPA No.278 of 2017(9) dt.13-04-2018 2/2 Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Nilu Agrawal, J) Pawan/- U