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Patna High CourtMJC/957/2018disposed

Murlidhar Mandal And ORS v. The State Of Bihar Through Mr. Arun Kumar Singh, Principal Secretary, Department Of Water Resources

2018-08-01Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.957 of 2018 In Civil Writ Jurisdiction Case No. 7649 of 2016 ======================================================

1. Murlidhar Mandal, Son of Late Vishnudeo Mandal, Resident of Qr. No.- F-14, Mohalla- Sichai Colony, Jawaripur, Jail Road, Bhagalpur, P.S.- Tilkamanjhi, District- Bhagalpur at present working as Office Attendant & posted at Design Division, Department of Water Resources, Bhagalpur.

2. Ajit Kumar Singh, Son of Late Anil Kumar Singh, Resident of Qr. No.- F/10, Mohalla- Sichai Colony, Jawaripur, Jail Road, Bhagalpur, P.S.- Tilkamanjhi, District- Bhagalpur. at present working as Office Attendant & posted at Design Division No.-2, Department of Water Resources, Bhagalpur.

3. Krishnanand Bhagat, Son of Late Jagannath Bhagat, Resident of Mohalla- Sakullachak (Deputy Bari), P.S.- Babarganj (Mojahidpur), District- Bhagalpur at present working as Office Attendant and Posted at Design Division No.-2, Department of Water Resources, Bhagalpur.

4. Basant Murmu, Son of Late Nand Kishore Murmu, Resident of VillageMotiyatari, P.S.- Haveli Kharagpur, District- Munger, at present working as Office Attendant and posted at Sichai Division, Baushi, District- Banka.

5. Sonelal Mandal, Son of Late Narayan Mandal, Resident of VillageMahadeopur (Ward No.-01), P.S.- Haveli Kharagpur, District- Munger at present working as Office Attendant and posted at Irrigation Circle, Kharagpur, District- Munger.

6. Ram Kumar Sharma, Son of Late Awadh Prasad Sharma, Resident of Janata Flat No.-14, Housing Board Colony, Barari (Bhagalpur), P.S.- Barari, District- Bhagalpur, at present working as Head Clerk and Posted at Design Division No.-2, Department of Water Resources, Bhagalpur(Now Supernnuated).

.... .... Petitioner/s

Versus

1. The State of Bihar through Mr. Arun Kumar Singh, Principal Secretary, Department of Water Resources, Sichai Bhawan, Old Secretariat, Bihar, Patna.

2. Mr. Md Rasul Miya, the Under Secretary to the Government of Bihar Department of Water Resources, Sichai Bhawan,Bihar, Patna.

3. Mr. Shailendra, the Chief Engineer, Irrigation Creation, Department of Water Resources, Bhagalpur.

4. Mr. Md. Sheikh Saheb Alam, the Superintending Engineer, Design Planning & Monitoring Circle, Department of Water Resources, Bhagalpur.

5. Mr. Gyan Prakash Lal, the Superintending Engineer, Irrigation Creation Circle, Department of Water Resources, Bhagalpur.

6. Mr. Harish Kumar, the Superintending Engineer, Irrigation Circle, Department of Water Resources, Kharagpur, District- Munger.

7. Mr. Ravindra Chaudhary, the Executive Engineer, Design Division No.- 1, Department of Water Resources, Bhagalpur.

8. Mr. Nagendra Kumar Singh, Planning & Monitoring Division, Irrigation Creation, Department of Water Resources, Bhagalpur.

9. Mr. Ravindra Chaudhary, Executive Engineer, Irrigation Division, Bausi, Department of Water Resources, District- Banka. .... .... Respondent/s

Patna High Court MJC No.957 of 2018 (3) dt.01-08-2018 2/2 ====================================================== Appearance :

For the Petitioner/s : Mr. Kalika Nand Jha, Adv. For the Respondent/s : Mr. Anjani Kumar - AAG 4 Mr. Sanjay Prasad, A.C to AAG-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 01-08-2018 None appears on behalf of petitioners on call. A show cause is filed by Mr. Sanjay Prasad, A.C to AAG- 4 enclosing certain orders which demonstrates the steps taken by the opposite party towards compliance of the order passed by this Court including an order dated 27.06.2018 at Annexure- C whereby it is informed that the cases of these petitioners were considered by the Departmental Promotion Committee but for the reasons so assigned against their names, they were not granted promotion.

In view of the statement present in the show cause as well as the position explained in Annexure- C, no case for contempt is made out. The contempt application is accordingly disposed of. The petitioners if so aggrieved by the decision taken by the respondents in not granting them promotion, can take recourse to such remedy as available to them in law by preferring appropriate application before the appropriate forum.

(Jyoti Saran, J) Bibhash/Ranveer U