The State Of Bihar v. Bhuwaneshwar Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.981 of 2019 In Civil Writ Jurisdiction Case No.2649 of 2016 ====================================================== 1.
The State Of Bihar through its Principal Secretary, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna 2.
The Chief Engineer, Mechanical, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna.
3.
The Superintending Engineer, Public Health Engineering Circle, Ara. 4.
The Superintending Engineer, Public Health Engineering Circle, Veterinary College, Patna- 14.
5.
The Executive Engineer, Public Health Division, Ara. 6.
The Executive Engineer, Public Health Division, Ara. 7.
The Executive Engineer, Public Health Mechanical Division, Gaya. ... ... Appellant/s
Versus
1.
Bhuwaneshwar Prasad Son of Late Gupteshwar Prasad Resident of Village Dekuli Chhotaka Sheo, Post Office Dekuli, Police Station Brahampur, District- Buxar.
2.
Susil Kumar Pandey Son of Late Krishna Kumar Pandey Resident of Village- Ramapur, Post Office Ratanpur, Police Station Muffasil Ara, District- Bhojpur at Ara.
3.
Rameshwar Choubey Son of Late Shri Ram Kailash Choubey Resident of Village- Mahuli, Police Station- Gajrajganj, Police Station Udwant Nagar, District Bhojpur at Ara.
4.
Kamakhya Narayan Singh son of Late Bindeshwari Singh Resident of Village and Post Office Sanhagi, Police Station Garhani, District Bhojpur at Ara.
5.
Nandji Singh son of Shri Ram Pravesh Singh Resident of Village and Post Office Sanhagi, Police Station Garhani, District Bhojpur at Ara. 6.
Vijay Kumar Singh son of Shri Janardan Singh Resident of Village and Post Office Panwari, Police Station Sikarhatta, District Bhojpur at Ara. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. S. Raza Ahmad, AAG-5 Mr. Alok Ranjan, AC to AAG-5 For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 22-08-2022
Patna High Court L.P.A No.981 of 2019 dt.22-08-2022 2/2 We are not happy with the present Letters Patent Appeal filed by the State for the reasons that the learned single Judge has only given a liberty to the contesting respondents to prefer representation in respect of claiming certain service benefits for the intervening period from the date of daily wage appointment till date of regularization. The State should have passed a detailed speaking order as to whether the contesting respondents are entitled to benefit as per their claim or not? Instead of passing a speaking order they have presented this L.P.A. Accordingly, there is no merit in the L.P.A.
The appellant-competent authority is hereby directed to pass speaking order in terms of the order of the learned single Judge dated 07.03.2019 passed in C.W.J.C. No. 2649 of 2016 and communicate the decision to each of the petitioner within a period of three months from the date of receipt of this order. With the above observations, the present Letters Patent Appeal stands disposed of.
(P. B. Bajanthri, J) ( Rajiv Roy, J) rakhi/- AFR/NAFR CAV DATE Uploading Date 01.09.2022 Transmission Date