Ganesh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1366 of 2016 ====================================================== Ganesh Prasad Singh, Son of Late Vashishtha Narayan Singh, Resident of Village + P.O- Sankh Mahal, P.S. Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretay, Public Health Engineering Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3. The Joint Secretary, Public Health Engineering Department, Bihar, Patna.

4. The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

5. The Chief Engineer (Mechanical), Department of Public Health Engineering Govt. of Bihar, Patna.

6. The Superintending Engineer, Public Health Engineering Circle- Begusarai.

7. The Executive Engineer, Public Health Division, Begusarai.

8. The Sub-Divisional Engineer, Barauni Sub-Division, District- Begusarai.

9. The District Magistrate, Begusarai.

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

For the Petitioner/s :

Mr.Siyaram Pandey For the Respondent/s :

Mr.Ramadhar Singh- GP 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-01-2019 Heard learned Counsel for the petitioner and the learned Counsel for the respondent State.

It is submitted by Counsel for the State that grievance of the petitioner with respect to continuity of service and all other consequential benefits including progression in terms of Memo No. 1393 dated 31.3.2004 as per the decision of the Division Bench of this Court in LPA No. 416 of 2013 is under process.

Since the entitlement of the petitioner has not been

Patna High Court CWJC No.1366 of 2016(3) dt.03-01-2019 2/2 disputed no further orders need to be passed in the instant writ petition in respect of the petitioner's entitlement as per the statements made in para 9 of the counter affidavit. This Court however would observe that the counter affidavit was filed in September 2016 saying that the matter is under process, however no final decision has been placed on record till date. In the aforesaid circumstances, the writ petition is disposed of. Respondent No. 4 will be obliged to complete the process in respect of the petitioner's claim, in light of their stand taken in para 9 of the counter affidavit, within a period of three months from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J.) SNkumar/- U