Ashok Kumar Sharma And ORS v. The State Of Bihar Through Mr. Anjani Kumar Singh The Chief Secretary Govt. Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No 739 of 2016 IN LPA 1690 of 2013 ===========================================================

1. Ashok Kumar Sharma S/o Chhedi Mistri R/O Ghagha Gali, Old Mahavir Asthan, Patna City, P.S. Patna City, Distrct- Patna

2. Jang Bahadur Singh S/o Prithviraj Singh At Present Residing At Lodipur, P.S.- Kotwali, District- Patna, At Present Residing At Salimpur Ahra, Gali No. 3, Dwarika Nath Lane, P.S.- Gandhi Maidan, District- Patna

3. Suresh Thakur S/o late Sita Ram Thakur R/O Village- Manikpur Pakri, P.O.- Manikpur, Pakri, P.S.- Lalganj, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through Mr. Anjani Kumar Singh the Chief Secretary Govt. of Bihar Patna

2. Mr. Amir Subhani, the Principal Secretary, General Administration Department, Government of Bihar, Patna

3. Mr. Sudhir Kumar, the Principal Secretary, Road Construction Department, Government of Bihar, Patna

4. Mr. Sudhir Kumar, the Secretary, Road Construction Department, Government of Bihar, Nirman Bhawan, Opposite New Secretariat, Patna

5. Mr. Raj Kumar Lal, The Chief Engineer, Central Design Organization, Road Construction Department, Government of Bihar, Nirman Bhawan, Opposite New Secretariat, Patna

6. Mr. Amir Hasan, The Director, Testing And Research Institution, Nirman Bhawan, Opposite New Secretariat, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar For the Respondent/s : Mr. S.RAZA AHMAD =========================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH & HON'BLE JUSTICE SMT NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) Date: 22-04-2016 A show cause has been filed on behalf of the State duly sworn by the Director, Testing and Research Institution, RCD, Bihar,

Patna High Court MJC No.739 of 2016 dt.22-04-2016 Patna annexing Office Order No 61 dated 21.04.2016 by which pursuant to orders of this Court in the Letters Patent Appeal No 1690 of 2013, the appellants have been restored to the regularized position which obtained pursuant to order dated 22.12.2006 and the order dated 02.01.2013 stands withdrawn, however, subject to the result of the SLP, as preferred by the State.

2 In our view, the effect of this Office Order is that appellants would be entitled to join forthwith and continue their service.

3 Learned counsel for the State fairly states that that is the legal position and there will be no impediment in the appellants' joining and the authorities would be obliged to take their joining immediately.

4 In view of the aforesaid, these proceedings are discharged. (Navaniti Prasad Singh, J) (Nilu Agrawal, J) AFR/NAFR NAFR CAV DATE Uploading Date 22-04-2016 Transmission Date M.E.H./-