Shahidan Oraon And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2290 of 2011 ======================================================
1. Shahidan Oraon Late Bigla Bhagar Hehal Bajra, Itki Road, P.S. Sukhdeo Nagar, Dist. Ranchi.
2. Lojinush Minj Late Sirila Minj Village Majha Toli, P.S. Ramdeeh, Dist. Gumla
3. Chhattu Tigga Late Vishram Tigga Village Longa, P.S. Basiya, Dist. Gumla
4. Shukka Oraon Late Ghasiya Oraon Village Bajra Sakhsi Toli, P.S. Sukhdeo Nagar, Dist. Ranchi.
5. Niranjan Oraon Late Narayan Oraon Village Lenghat, Modi Dih, P.S. Silli, Dist. Ranchi
6. Kavindra Bhagar Late Mahadeo Bhagat Village Nadiya, Station Toli, P.S. & Dist. Lohardaga.
7. Uma Shankar Prasad Shri Baban Ram Village Sant Nagar, P.S. Barari, Dist. Bhagalpur.
8. Ramesh Sah Late Gagandeo Sah Village Seva, P.S. Saraiya, Dist. Muzaffarpur.
9. Ram Lakhan Mahto Late Bhaula Mahto Village Chiutahan, P.S. Chiutahan, Dist. West Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Water Resources Department, Bihar, Patna.
2. The Secretary, Water Resources Department, Bihar, Patna.
3. The Joint Secretary, Water Resources Department, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhinav Srivastava For the Respondent/s :
Mr. Subhash Pd. Singh, GA-7 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT Date : 20-11-2018 Heard learned counsel for the petitioners. However, no one appears on behalf of the State.
The petitioners 9 in number have prayed for quashing of the notification dated 14.01.2011 issued by the respondent Water Resources Department, Bihar, Patna whereby the posting of the petitioners as Executive Engineer (Civil) on current charge basis
Patna High Court CWJC No.2290 of 2011 dt.20-11-2018 2/2 has been cancelled from the date of issuance of the said notification as contained in Annexure-8 to the writ application. The petitioners have also challenged the said notification on the ground that there has been a wrong ascertainment of inter se seniority of Assistant Engineer (Civil) belonging to reserved SC/ST categories working in the Department disturbing the current position of the petitioners as Executive Engineers on current charge basis. The seniority list published through letter dated 03.01.2008 as contained in Annexure-5 has also been challenged which has disturbed the inter se seniority of the petitioners as well. The issue is now no longer res integra as in CWJC No. 1945 of 2008 in the case of Chandra Mani Baitha Vs. The State of Bihar and Ors.
challenge on similar issue has been negated and the writ application was dismissed vide order dated 19.04.2018. Since the issue is squarely covered by the decision of CWJC No. 1945 of 2008, the present writ application is also dismissed in terms of the said writ application. (Nilu Agrawal, J) Rajesh/Pragya AFR/NAFR NAFR CAV DATE NA Uploading Date 22.11.