Jai Prakash Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18303 of 2019 ====================================================== 1.

Jai Prakash Narayan, S/o Late Kameshwar Singh, resident of Vill.- Bhanpur, P.s.- Dinara, Distt.- Rohtas 2.

Arun Kumar Singh, son of late Ram Naresh Singh, resident of MohallaAnand Puri, P.s.- Khagaul, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Water Resources Department, Bihar, Patna 3.

The Chief Engineer, Central Design, Research and Quality Control, Water Resources Department, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhu Nath Pathak, Advocate For the Respondent/s :

Mr. Harish Kumar, G.P. 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 19-09-2019 The petitioners are seeking direction to the Respondents to include the post of Field Assistant in the "Research Cadre" within the meaning of Research Cadre Rules, 2013.

2. The petitioner No. 1 had earlier approached this Court by filing CWJC No.14886 of 2007, which was disposed of on 06.11.2017, after coming into force of 2013 Rules. The petitioner was allowed to withdraw this writ application with a liberty to question the legality of Research Cadre Rules, 2013.

3. Admittedly, the petitioner has not challenged the said Rules. In any view of the matter, this Court cannot issue a

Patna High Court CWJC No.18303 of 2019 dt.19-09-2019 2/2 direction contrary to statutory Rules framed under Article 309 of the Constitution of India.

4. This writ application, therefore, cannot be entertained and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 21/09/2019 Transmission Date N.A.