Amarendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9752 of 2008 ====================================================== Amarendra Kumar Singh S/o late Chandra Shekhar Singh, R/o village Parsauni Kapoor, P.O.Parsauni Pagahiya, P.S. Kathaiyan (Baruraj) District Muzaffarpur, presently working as Fodder Inspector in the office of Regional Director, Animal Husbandry, North Bihar Range, Muzaffarpur .... .... Petitioner

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.B.K.Mangalam For the Respondent/s : Mr. K.C. Jha, AC to AAG 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-01-2017 Heard Mr. S.B.K.Manglam, learned counsel for the petitioner and Mr. K.C.Jha, learned AC to AAG, appearing for the respondents.

The petitioner is aggrieved by the order dated 19.5.2008 issued under the signature of the Joint Secretary, Animal Husbandry Department, Government of Bihar, Patna as contained in Annexure-7 whereby the promotion granted to the petitioner on the post of Live Stock Supervisor has been cancelled and the petitioner has been reverted back to the parent post of Live Stock Assistant.

Annexure-C to the counter affidavit filed in the proceedings on 25.6.2015 reflects that the department, considering the grievance of the petitioner and others, has been pleased to stay

Patna High Court CWJC No.9752 of 2008 (4) dt.16-01-2017 2/2 the operation of the reversion order dated 19.5.2008 until further orders vide order bearing memo no. 4408 dated 15.9.2008. The situation existed thus, and the petitioner along with others continued on their promoted post of Live Stock Supervisor/Inspector.

Mr. Jha, learned AC to AAG 8 informs that as until 2015, the matter has remained as such and the stay order continues.

Having herd learned counsel for the parties and in the circumstances, where the operation of the reversion order itself has been stayed by the Government vide Annexure-C to the counter affidavit, in my opinion, until the stay is lifted or an appropriate order is passed enforcing the reversion order, the petitioner may not have any cause of action and the writ petition is accordingly, disposed of leaving it open for the petitioner to approach this Court in case any order is passed by the Department enforcing the reversion order.

(Jyoti Saran, J) A.I./- U