The State Of Bihar And ORS v. Ritesh Kumar Jha And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1702 of 2017 IN Civil Writ Jurisdiction Case No. 9921 of 2017 =====================================================
1. The State of Bihar.
2. The Principal Secretary, Building Construction Department, Bihar, Patna.
3. The Superintending Engineer, Building Construction Department, Building Circle, Muzaffarpur.
4. The Principal Secretary, Finance Department, Government of Bihar, Patna.
.... .... Appellant/s
Versus
1. Binit Kumar son of Late Nandan Sahi R/o Damu Chowk, P.O. - Kazimohammadpur, District - Muzaffarpur.
2. Ravi Kumar S/o Late Ram Chandra Mahto R/o Manpur, P.S. - Kazimohammadpur, District - Muzaffarpur.
3. Namrata Rani D/o Late Vimal Kumar Singh R/o Krishna Nagar, Ward No. 2, P.S. - Dumra, District - Sitamarhi.
.... .... Respondent/s with ===================================================== Letters Patent Appeal No. 125 of 2018 IN Civil Writ Jurisdiction Case No. 7027 of 2017 =====================================================
1. The State of Bihar.
2. The Principal Secretary, Finance Department, Bihar, Patna.
3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
4. The Chief Engineer, North Bihar, Road Construction Department, Patna.
5. The Superintending Engineer, Road Construction Department, North Bihar Road Circle, Muzaffarpur. null null
6. The Executive Engineer, Road Division No. 2, Muzaffarpur. .... .... Appellant/s
Versus
1. Deepak Kumar, S/o Late Bhagwan Singh, R/o- Govt. Quarter No. 32/A, Damuchak, Road No. 1, P.S.- Kazi Mahammadpur, Muzaffarpur.
2. Gaurav Raj, S/o Late Triveni Lal, R/o- Durga Asthan, Kali Kothi, Naka No.-4, Town P.S., District- Muzaffarpur.
.... .... Respondent/s with =====================================================
Letters Patent Appeal No. 124 of 2018 IN Civil Writ Jurisdiction Case No. 7597 of 2017 =====================================================
1. The State of Bihar.
2. The Principal Secretary, Finance Department, Bihar, Patna.
3. The Principal Secretary, Road Construction Department, Government of Bihar, Patna.
4. The Chief Engineer, North Bihar, Road Construction Department, Patna.
5. The Superintending Engineer, Road construction Department, North Bihar Road Circle, Muzaffarpur.
.... .... Appellant/s
Versus
1. Ritesh Kumar Jha, S/o- late Jibchh Jha, R/o- Vill+Post- Chainpur, Dhanarua, P.S.- Aurai, District- Muzaffarpur.
2. Manish, S/o- Late Krishna Chandra Srivastawa, R/o- Ashok Vihar Colony, P.O.- Kolhia, Paigamberpur Bairea, P.S.- Ahiyarpur, DistrictMuzaffarpur.
3. Kumar Abhishek, S/o- Late Birendra Kumar Singh, R/o- Krishna Bhawan, Fardogola, P.O.- Bhagwanpur, P.S.- Sadar, DistrictMuzaffarpur.
.... .... Respondent/s with ===================================================== Letters Patent Appeal No. 123 of 2018 IN Civil Writ Jurisdiction Case No. 1679 of 2017 =====================================================
1. The State of Bihar through the Principal Secretary, Road Construction Department, Government of Bihar, Patna.
2. The Chief Engineer, Communication, North Bihar Wing, Road Construction Department, Visheshwaraiya Bhawan, Bihar, Patna.
3. The Superintedent Engineer, Road Circle, Road Construction Department, Motihari.
4. The Executive Engineer, Road Construction Department, Road Circle, Motihari.
5. The Principal secretary, Finance Department , Government of Bihar, Patna.
.... .... Appellant/s
Versus
1. Niraj Kumar, Son of Late Bishwanath Prasad, Resident of C-19, L.R.P. Colony, Raza Bazar, P.S.-Motihari Cant, Motihari-845401. .... .... Respondent/s with =====================================================
Letters Patent Appeal No. 156 of 2018 IN Civil Writ Jurisdiction Case No. 19506 of 2016 =====================================================
1. The State of Bihar through Secretary, Rural Works Department, Government of Bihar, Patna.
2. The Secretary, Rural Works Department, Government of Bihar, Patna.
3. The Principal Secretary, General Administration Department, Government of Bihar, Patna.
4. The Principal Secretary, Department of Finance, Government of Bihar, Patna.
5. The Additional Secretary, Rural Works Department, Government of Bihar, Patna.
6. The Engineer-in-Chief cum Additional Commissioner cum Special Secretary, Rural Works Department, Government of Bihar, Patna.
7. The Chief Engineer - 1, Rural Works Department, Government of Bihar, Patna.
8. The Chief Engineer - II, Rural Works Department, Government of Bihar, Patna.
9. The Chief Engineer - III, Rural Works Department, Government of Bihar, Patna.
10. The Superintending Engineer, Rural Works Department, Works Circle, Muzaffarpur.
11. The Superintending Engineer, Rural Works Department, Works Circle, Saharsa.
12. The Superintending Engineer, Rural Works Department, Works Circle, Patna.
13. The Superintending Engineer, Rural Works Department, Works Circle, Madhepura.
14. The Superintending Engineer, Rural Works Department, Works Circle, Chapra.
15. The Superintending Engineer, Rural Works Department, Works Circle, Samastipur.
16. The Superintending Engineer, Rural Works Department, Works Circle, Gaya.
17. The Superintending Engineer, Rural Works Department, Works Circle, Motihari.
18. The Superintending Engineer, Rural Works Department, Works Circle, Munger.
19. The Executive Engineer, Rural Works Department, Works Division, Hajipur.
20. The Executive Engineer, Rural Works Department, Works Division, Simri Bakhtiyarpur.
21. The Executive Engineer, Rural Works Department, Works Division, Munger.
22. The Executive Engineer, Rural Works Department, Works Division, Paliganj.
23. The Executive Engineer, Rural Works Department, Works Division, Khagaria.
24. The Executive Engineer, Rural Works Department, Works Division, Triveniganj.
25. The Executive Engineer, Rural Works Department, Works Division,
Sonepur.
26. The Executive Engineer, Rural Works Department, Works Division, Majhaul Bakhar.
27. The Executive Engineer, Rural Works Department, Works Division, Muzaffarpur East-II.
28. The Executive Engineer, Rural Works Department, Works Division, Raxaul.
29. The Executive Engineer, Rural Works Department, Works Division, Jehanabad.
30. The Executive Engineer, Rural Works Department, Works Division, Jhajha.
.... .... Appellant/s
Versus
1. Sarfaraz Ali, Son of Late Shahbaz Ali, Resident of Street No. 9, Village - Khilanganj, P.O. - Sasaram, P.S. - Sasaram, District - Rohtas.
2. Saroj Kumar, Son of Late Satnarayan Ray, Resident of Village - Bhadvas, P.O. - Hasanpur Bhadvas, P.S. - Mahua, District - Vaishali (Hajipur).
3. Vijay Kumar, Son of Late Ramjatan Choudhary Resident of Village - LCT Ghat, Mainpura Bagicha, P.O. - G.P.O., P.S. - Patliputra, District - Patna.
4. Sikandar Kumar, Son of Late Mohan Singh, Resident of Village - Gorgwan, P.O. - Khagaul, P.S. - Shahpur, District - Patna.
5. Nishikant Kumar Son of Late Kumar Birbal Singh, Resident of Village - Majhawaliya, P.O. - Gaurihar, P.S. -Sakra, District - Patna.
6. Rajesh Kumar, Son of Late Prasadi Ram, Resident of Village - Lakshmipur, P.O. - Gaurihar, P.S. - Sakra, District - Patna.
7. Rajeev Kumar, Son of Late Gauri Prasad, Resident of Village - Malbigha, P.O. - Kalia Chak, P.S. - Hilsa, District - Nalanda (Biharsharif).
8. Md. Jawed, Son of Late Eqbal Hussain, Resident of Mohalla - Panchatiya Akhara, P.O. - Railway Station, P.S. - Kotwali, District - Gaya.
9. Samrendra Pratap, Son of late Ram Briksh Yadav, Resident of Village - Ibrahimpur, P.O. - Matigaon, P.S. - Chandauli, District - Chandauli (U.P.).
10. Ritesh Kumar Srivastava, Son of Late Shankar Prasad, Resident of Village - Tali, P.O. - Tali, P.S. - Gothani, District - Siwan.
11. Pawan Kumar Chaudhary, Son of Late Anup Lai Chaudhary, Resident of Village - Chainpur, P.O. - Damodarpur, P.S. - Kanti, District - Muzaffarpur.
12. Rajesh Kumar, Son of Late Radha Mohan Prasad, Resident of Village - Dalhatta Bazar, P.O. Basudeopur, P.S. - Kotwali, District - Munger.
13. Tanveer Alam, Son of Late Shail Akhtar Ansari, Resident of Village - Hasanpura, P.O. - Garkha, P.S. - Garkha, District - Saran (Chapra).
14. Mukesh Kumar, Son of Late Hare Krishna Prasad, Resident of Village - Lakhwar, P.O. - Lakhwar, P.S. - Ghoshi, District - Jehanabad.
15. Asif Eqbal, Son of Late Md. Izharul Haque Ansari, Resident of Village - Sapahi, P.O. - Jhitkahi, P.S. - Dhaka, District - East Champaran.
16. Niranjan Kumar Rajak Son of Late Indranand Rajak Resident of Village - Mahsoni, P.O. - Kajra, P.S. - Piri Bazar, District - Lakhisarai.
17. Shambhu Kumar, Son of Late Amardev Prasad, Resident of Village + P.O. - Penar, P.S. - Nokha, District - Rohtas (Sasaram).
.... .... Respondent/s with ===================================================== Letters Patent Appeal No. 159 of 2018 IN Civil Writ Jurisdiction Case No. 8538 of 2016 =====================================================
1. The State of Bihar through the Principal Secretary Public Health Engineering Department , Govt. of Bihar, Patna.
2. The Principal Secretary, Public Health Engineering Department , Govt. of Bihar, Madhubani.
3. The Principal Secretary, Department of Finance, Govt. of Bihar, Patna. null null
4. The Principal Secretary, General Administrative Department Govt. of Bihar, Patna.
5. The Engineer in Chief, P.H.E.D. Govt. of Bihar, Secretariat, Bihar, Patna.
6. The Chief Engineer(Mechanical ) P.H.E.D. Govt. of Bihar, Patna.
7. The Superintending Engineer, Public Health Engineering Circle, Darbhanga.
8. The Executive Engineer, Public Health Division, Darbhanga.
9. The Executive Engineer, Public Health Division, Madhubani.
10. The Executive Engineer, Public Health Division, Samastipur. .... .... Appellant/s
Versus
Satendra Kumar .... .... Respondent/s with ===================================================== Letters Patent Appeal No. 162 of 2018 IN Civil Writ Jurisdiction Case No. 9745 of 2017 ===================================================== The State Of Bihar & Ors .... .... Appellant/s
Versus
Ajay Kumar & Ors .... .... Respondent/s with ===================================================== Letters Patent Appeal No. 163 of 2018 IN Civil Writ Jurisdiction Case No. 19392 of 2016 =====================================================
1. The State Of Bihar.
2. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
3. The Principal Secretary, Rural Works Department Govt. of Bihar, Patna.
4. The Additional Secretary, Rural Works Department Govt. of Bihar, Patna.
5. The Engineer-in-Chief, Rural Works Department Govt. of Bihar, Patna.
6. The Chief Engineer, Range-1 Rural Works Department Govt. of Bihar, Patna.
7. The Chief Engineer, Range-2, Rural Works Department Govt. of Bihar, Patna.
8. The Chief Engineer, Range-3 Rural Works Department Govt. of Bihar, Patna.
.... .... Appellant/s
Versus
1. Raj Kumar, son of late Mangal Ram, resident of Sanyoga Niwas, behind Patliputra Enclave Apartment, North Nehru Nagar, P.S.- Patliputra, District- Patna, presently working as junior Accounts clerk, Rural Works Department, Works division, Nawadah.
2. Pankaj Kumar, son of Nand Kishore Prasad, resident of Magadh Commercial institute, North Nehru Nagar, P.S.- Patliputra, District- Patna, presently Working as Junior Accounts Clerk, Rural Works Department, Works Division, Kisanganj.
3. Md. Shah Faisal Husnain, son of late Majharul Haque resident of Ziyarat House, Milki Mohalla, P.S.- Town, district- Arrah at Bhojpur, presently working as Junior Accounts clerk, Rural Works Department, Works Division, Nawadah.
4. Md. Sabahur Rahman, son of Late Md Zeyaur Rahman resident of Shamima Complex, College Road, Churipatti, ward no. 4, P.S.- Kisanganj, district Kishanganj, Presently Working as Junior Accounts Clerk, Rural Works Department, Works Division, Kishanganj.
5. Sujit Kumar Ball son of late Banbashi Ball resident of Milanpally, P.O.& P.S.- Kisanganj, district Kishanganj, presently working as Junior Accounts clerk, Rural works department, works division, Kishanganj. .... .... Respondent/s with ===================================================== Letters Patent Appeal No. 157 of 2018 IN Civil Writ Jurisdiction Case No. 8726 of 2017 =====================================================
1. The State Of Bihar.
2.
The Principal Secretary, Building Construction Department, Government of Bihar, Patna.
3. The Principal Secretary, Department of Finance, Government of Bihar, Patna.
4. The Secretary (Expenditure), Department of Finance, Government of Bihar, Patna.
5. The Additional Secretary, Building Construction Department, Government of Bihar, Patna.
6.
The Engineer-inChief, Building Construction Department, Government of Bihar, Patna.
7. The Superintending Enigneer, South Bihar Circle, Building
Construction Department, Government of Bihar, New Punaichak, Patna, District- Patna.
8. The Superintending Engineer, Patna Building Circle, Building Construction Department, Rajbanshi Nagar, Patna, District- Patna. 9.
The Superintending Engineer, Construction Circle, Building Construction Department, Bishwasaraiya Bhawan, Patna, District- Patna.
10. The Superintending Engineer, Building Circle, Darbhanga, DistrictDarbhanga.
11. The Executive Engineer, Rent Division, Building Construction Department, New Punaichak, Patna, District- Patna.
12. The Executive Engineer, Patna Building Division, Building Construction Department, Patna, District- Patna.
13. The Executive, Central Building Division, Building Construction Department, Patna, District- Patna.
14. The Executive Engineer, Patna, West Building Division, Danapur, Building Construction Department, Patna, District- Patna.
15. The Executive Engineer, Patliputra Building Division, Building Construction Department, Patna, District- Patna.
16. The Executive Engineer, Gardanibagh Building Division, Building Construction Department, Patna, District- Patna.
17. The Executive Engineer, Garden Division, Building Construction Department, Patna, District- Patna.
18.
The Executive Engineer, Construction Division-2, Building Construction Department, Patna, District- Patna.
19. The Executive Engineer, Building Division, Begusarai, DistrictBegusarai.
20. The Executive Engineer, Building Division, Samastipur, DistrictSamastipur.
21. The Executive Engineer, Construction Division, Darbhanga, DistrictDarbhanga.
22. The Executive Engineer, Building Division, Biharsharif, DistrictNalanda.
23. The Executive Engineer, Patna City Building Division, Gulzarbagh, District- Patna.
.... .... Appellant/s
Versus
1. Manoj Kumar, S/o- Late Devendra Prasad Sinha, R/o- Belwarganj, PO + P.S.- Laheriasarai, District- Darbhanga.
2. Lallu Pal, S/o- Late Shiv Sharan Prasad, R/o- Karori Chak, PO + P.S.- Phulwari Sharif, District- Patna.
3. Alok Raj, S/o- Late Surendra Nath Tiwary, R/o- Beena Sri Apartment, Punaichak, PO + P.S.- Shashtri Nagar, Patna.
4. Anand Mohan Jha, S/o- Late Ananta Nand Jha, R/o- Gauria, PO + P.S.- Bounsi, District- Banka.
5. Lalit Narayan Mishra, S/o- Late Vijay Shankar Mishra, R/o- Aam Bagicha, Mahadev Puri, PO + P.S.- Gardanibagh, District- Patna.
6. Rama Kant Ray, S/o- Late Darmendra Kr. Rai, R/o- New Sipara (Matkhan), P.S.- Delwa, P.S.- Beaur, District- Patna.
7. Ajit Kumar Jha, S/o- Late Shrikant Jha, R/o- Kathra, PO + P.S.- Manigachhi, District- Darbhanga.
8. Sunil Kumar Jha, S/o- Late Suresh Jha, R/o- PO- Sabha Sasola, PS-
Mejarganj, District- Sitamarhi.
9. Mithilesh Paswan, S/o- Late Dayaram Paswan, R/o- Rajapur, PO- GPO, P.S.- Patliputra, District- Patna.
10. Sarvjeet Kumar, S/o- Late Rameshwar Prasad Singh, R/o- Sai Takiya, Near I.D.H. Quarter, PO- Gulzarbagh, P.S.- Alamganj, District- Patna.
11. Sakle Deo Kumar, S/o- Late Bhumi Mandal, R/o- New Bikhachak, Vishnupuri, PO- Anishabad, P.S.- Gardanibagh, District- Patna.
12. Raju Kumar, S/o- Late Mahendra Bhagat, R/o- Q.No. C/9, East Gardiner Road, Birchand Patel Path, PO- GPO, P.S.- Kotwali, DistrictPatna.
13. Shiv Shankar Kumar, S/o- Late Narayan Prasad, R/o + POMangrauni, P.S.- Rajnagar, District- Madhubani.
14. Ajay Kumar, S/o- Late Nageshwar Prasad, R/o- Maharaj Chak, PO + P.S.- Masudhi, District- Patna.
15. Vikash, S/o- Late Suresh Chandra, R/o- Chourasia, C-7, Bank Road, P.O- G.P.O., P.S.- Gandhi Maidan, District- Patna.
16. Dheeraj Kumar Shukla, S/o- Late Shiv Shankar Shukla, R/o- Walidad, P.S.- Mehendiya, District- Arwal.
17. Subodh Nath Yadav, S/o- Late Ram Naresh Yadav, R/o- VillageChhatrapura, PO- Magauliraj, P.S.- Bhatparrani, District- Dewriya, U.P.
18. Rakesh Kumar, S/o- Late Baidhya Nath Prasad, R/o- Lodipur, P.O.- G.P.O., P.S.- Gandhi Maidan, District- Patna.
19. Nitesh Kumar, S/o- Late Sunil Kumar Singh, R/o- Q. No. 73/400, PORajbanshi Nagar, P.S.- Shastrinagar, District- Patna.
20. Priya Ranjan, S/o- Late Dineshwar Prasad, R/o- Mainpura, Kahartoli, PO- GPO, P.S.- Patliputra, District- Patna.
21. Jitendra Kumar, S/o- Late Ramanand Mahto, R/o- Isopur, Ray Chowk, PO- Anishabad, P.S.- Phulwari Sharif, District- Patna.
22. Rakesh Kumar, S/o- Late Ram Babu Raut, R/o- Krori Chak, PO + P.S.- Patna High Court CWJC No. 9921 of 2017 dt. 21-08-2017 7 Phulwari Sharif, District- Patna.
23. Rajeev Ranjan, S/o- Late Gauri Shankar Prasad, R/o- Sheo Deep Niwash, M.O. Chanakyapuri, Gola Road, Danapur, PO + P.S.- Danapur, District- Patna.
24. Vipin Kumar, S/o- Late Ram Ayodhya Prasad, R/o- 288/400, Road No. 3, PO + P.S.- Shastri Nagar, District- Patna.
25. Sunny Kumar, S/o- Late Bachhu Ram, R/o- Q. No. C/3, Road No. 1A, R- Block, PO- GPO, P.S.- Sachiwalya Thana, Patna.
26. Raju Paswan, S/o- Late Jai Kishun Paswan (Prasad), R/o- C-11, Bank Road, PO- Bankipur, P.S.- Gandhi Maidan, District- Patna.
27. Bachcha Singh, S/o- Late Siyaram Singh, R/o- Village- Saharu, PORanna, PS- Hathori, District- Samastipur.
28. Upendra Kumar, S/o- Late Ramdhari Ray, R/o- Village- Raydih, POKatesar, P.S.- Bihta, District- Patna.
29. Dinesh Kumar Thakur, S/o Late Laxman Ram, R/o- Q. No. 312/A, Patliputra Colony, Road No. 1/D, G.D. Mishra Path, PO- Patliputra, P.S.- Patliputra, District- Patna.
30. Pankaj Kumar, S/o- Late Shiv Nandan Saw, R/o- Kishunpur, PO + P.S.- Bihta, District- Patna.
31. Sudhir Kumar, S/o- Late Nand Lai Prasad, R/o- Vishnu Puri, POAnishabad, P.S.- Gardanibagh, District- Patna.
32. Ravindra Prasad, S/o- Late Yadunandan Yadav, R/o- East Bikhanchak,
PO- Anishabad, P.S.- Gardanibagh, District- Patna.
33. Manoj Kumar Chaudhary, S/o- Late Ramchandra Chaudhary, R/o- Q. No. B/96, Sinha Library Road, Chajju Bagh, PO- GPO, P.S.- Kotwali, District- Patna.
34. Girish Chandra Sharma, S/o- Late Mahendra Pd. Sharma, R/oAlamganj, PO- Gulzarbagh, P.S.- Alamganj, District- Patna.
35. Rajesh Kumar Upadhyay, S/o- Late Ram Pukar Upadhyay, At+ PORewa, P.S.- Saraiya, District- Muzaffarpur.
36. Anurag Kumar, S/o- Late Arun Kumar Tripathy, R/o- Q.No. C/2, East Gardiner Road, PO- GPO, P.S.- Kotwali, District- Patna.
37. Hari Narayan, S/o- Late Rajendra Prasad, R/o- North Mandiri, Chhakan Tola, PO- GPO, P.S.- Buddha Colony, District- Patna.
38. Piyush Ranjan, S/o- Late Satyendra Prasad, MO- Khajurbanna, POMahendru, P.S.- Sultanganj, District- Patna.
39. Shyam Kumar, S/o- Late Duryodhan Prasad, Virdawan Colony, Road No. 2, Walmi, Phulwari Sharif, Patna.
40. Chanchal Kumar Sinha, S/o- Late Ashok Kumar Sinha, R/o- MO- Ram Lakhan Mahto Flat, PO- GPO, P.S.- Jakkanpur, Old Jakkanpur, DistrictPatna.
41. Vikash Kumar, S/o- Late Sudhir Kumar, R/o- Phulwari Sharif, POAnishabad, P.S.- Phulwari Sharif, District- Patna.
42. Dhananjay Kumar, S/o- Late Mahakant Mishra, R/o- Kalyanpur, PO + P.S.- Athmal Gola, District- Patna.
43. Anil Kumar, S/o- Late Chotte Lal Mahto, R/o- Ranipur, POAnishabad, P.S.- Phulwari Sharif, District- Patna.
44. Arvind Kumar, S/o- Late Laiji Prasad, R/o- Mohalla- Sarswati Lane, Lohanipur, Punaichak, PO + P.S.- Kadamkuan, District- Patna.
45. Ajit Kumar, S/o- Late Mahendra Roy, R/o- Punaichak, PO- Punaichak, P.S.- Shastri Nagar, District- Patna.
.... .... Respondent/s ===================================================== Appearance :
(In LPA No.1702 of 2017) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mr. Chittaranjan Sinha, Sr.Adv. Mr. Siyaram Pandey, Adv.
(In LPA No.125 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mrs. Manisha Singh, Adv. (In LPA No.124 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mrs. Manisha Singh, Adv. (In LPA No.123 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mr.
(In LPA No.156 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6
For the Respondent/s : Mr. P.K. Shahi, Sr.Adv. (In LPA No.159 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mr. Brisketu Sharan Pandey, Adv. Mr. Siyaram Pandey, Adv.
(In LPA No.162 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mrs. Manisha Singh, Adv. (In LPA No.163 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mr. Prashant Sinha, Adv. (In LPA No.157 of 2018) For the Appellant/s : Mr. P.N. Shahi, AAG-6 Mr.Manish Kumar, AC to AAG-6 For the Respondent/s : Mr.
===================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 11-07-2018 Challenge in the present Letters Patent Appeals is to the common judgment dated 21.08.2017 passed by the learned writ Court in a batch of writ applications which were heard together as analogous matters.
The writ petitioners, who are now private respondents in these appeals, moved this Court in its writ jurisdiction for quashing the order dated 08.06.2017, as contained in Annexure-5 to the writ application, by which the petitioners were reverted from the post of Junior Accounts Clerk/Lower Division Accounts Clerk to the post of Lower Division Clerk on the ground that they were appointed on compassionate ground in the pay scale of Rs.3050-
4590/- which is now corresponding scale of Lower Division Clerk. The petitioners contended before the learned writ Court that the pay scale is always attached to a post held by the employee and whosoever is holding the said post would be entitled for the pay scale on the post on which he was appointed and regularized. It is a common contention of the writ petitioners that the impugned office order (Annexure-5) has been issued in the teeth of the decision taken by the District Appointment Committee as also against the mandate of the judgment of the Hon'ble Division Bench of this Court in L.P.A No.206 of 2014, as contained in Annexure-6, wherein the Government Resolution No.3111 dated 25.03.
2015 came to be considered and thereupon it was held that all Accounts Clerk whether appointed on compassionate ground or otherwise will be entitled for the same pay scale. The petitioners were appointed on compassionate ground and were regularized on completion of satisfactory service as Junior Accounts Clerk/ Lower Division Accounts Clerk. They were getting the pay scale and other allowances of Rs.3050-4590 in terms of their letters of appointment. They also figured in the seniority list of the Accounts Clerk of the concerned circle.
two posts and re-designation of the post of Junior Accounts Clerk and Senior Accounts Clerk as Accounts Clerk. This dispute was settled by the resolution of the Finance Department bearing No.311 (V) dated 25.03.2015 whereby those who were appointed till 27.09.1999 were given the revised pay scale of Rs.4500-7000/- w.e.f. 01.01.1996, but those who were appointed on or after 28.08.1999 were given the pay scale of Rs.4000-6000/- and revised pay in the pay band of Rs.2400/-. The petitioners were appointed after 28.09.1999, they came in the category of lower scale of Rs.4000-6000/- and its revised pay scale PB-1 with grade pay of Rs.2400/-. The consequential pay fixation order was issued and the District Accounts Officer confirmed the pay scale.
The present dispute arose only when the respondent Superintending Engineer, Building Circle, Muzaffarpur, issued impugned office order dated 08.06.2017 reverting the petitioners to the post of Lower Division Clerk on consideration that they were appointed on compassionate ground in the pay scale of Rs.30504590/-. The grade pay of the petitioners was reduced from Rs.2400/- to Rs.1900/- with effect from 01.01.2006 and a direction was issued for recovery of the alleged excess amount.
Government of Bihar as also on behalf of the Administrative Department of the petitioners. The only plea taken in the counter affidavit is that the petitioners were appointed on compassionate ground on the post of Lower Division Accounts Clerk in between 2002 to 2006 in the pay scale of Rs.3050-4590/- and as per the policy decision of the Government there is no provision to appoint them against the post of Junior Accounts Clerk/Accounts Clerk/Lower Division Accounts Clerk/Upper Division Clerk (Accounts) on compassionate ground. It is the stand of the Department that the appointment of the petitioners on compassionate ground on the post of Lower Division Accounts Clerk and to provide them pay scale of Lower Division Accounts Clerk are against the policy decision of the Government. Reliance was placed on Memo No.13293 dated 05.10.
1995 and Memo No.3385 dated 20.06.2001 as contained in Annexures- A and B respectively to the counter affidavit of respondent no.4 to submit that in course of the said letters the Government had approved appointments on compassionate ground in the pay scale of Rs.12001800/- which replaced pay scale of Rs.580-860 and later on vide letter dated 20.06.2001 the pay scale of Rs.3050-4590 was provided to the compassionate appointees with effect from 20.12.2000.
materials and the pleadings available on the record and took a serious view of the statements made by the Principal Secretary, Finance Department, in the counter affidavit filed in the present case. Reference has been made to the pleadings available in CWJC No.9921 of 2017 in which while responding to the plea of the petitioners on the rejection of the pay scale based on the judgment of this Court in the case of Ram Janam Jha vs. The State of Bihar and others as also the judgment of the Hon'ble Supreme Court in the case of State of Punjab vs. Rafiq Masih reported in (2015)4 SCC 334 a statement was made in the counter affidavit that the judgment of the Division Bench in L.P.A No.206 of 2014 (State vs.
Ram Janam Jha) is per incuriam because it has failed to take note of the policy decision of the State Government on the issue of compassionate appointment as well as the land mark decisions on the issue. Paragraph 20 of the counter affidavit has been quoted by the learned writ Court and thereafter, learned writ Court has gone through the various judgments of the Hon'ble Supreme Court such as A.R. Antulay vs. R.S. Nayak since reported in (1988)2 SCC 602, Punjab Land Development & Reclamation Corporation Ltd. Vs. Labour Court reported in (1990)3 SCC 682 and Government of A.P. vs. B.
may be said to be per incuriam have been discussed in detail. The learned writ Court observed that the Principal Secretary, Department of Finance has shown utter ignorance and contempt in using the term completely out of context. The learned writ Court also took note of the fact that the judgment of the Hon'ble Division Bench of this Court in L.P.A No.206 of 2014 (State vs. Ram Janam Jha) was subject matter of challenge before the Hon'ble Supreme Court. The challenge thrown to the said judgment by the State of Bihar in S.L.P (Civil) No.2982 of 2017 (State of Bihar and others vs. Ram Janam Jha and others) failed and the S.L.P was dismissed by the Hon'ble Supreme Court vide judgment and order passed on 10.02.2017 finding no ground to interfere with the impugned judgment.
The learned writ Court accepted the arguments advanced on behalf of the petitioners that the impugned orders are unsustainable for the reason that they do not even made reference to the decision of the State Government in its Finance Department dated 25.03.2015 (Annexure-4 to the writ application). It was brought to the notice of the Court that the dispute regarding grant of pay scale to the appointees in the Accounts Clerical Cadre was put to rest in the said Resolution dated 25.03.2015 and the same has been affirmed in the order of the Hon'ble Division Bench passed in
L.P.A No.206 of 2014 which was preferred by the State of Bihar along with the Department of Finance, Water Resources Department and the Rural Works Department. In the said judgment, the Hon'ble Division Bench took note of the resolution of the State Government dated 25.03.2015 and held that since the benefit of the pay scales as per the said resolution extend to all the Accounts Clerk whether appointed on compassionate ground or otherwise they were entitled to the benefits of the said resolution. This opinion of the Hon'ble Division Bench was not interfered with by the Hon'ble Supreme Court in the Special Leave Petition filed at the instance of the State respondents.
The learned writ Court relied upon the judgment of the Hon'ble Supreme Court in the case of M.S.M. Sharma vs. Shree Kirshna Sinha reported in AIR 1960 SC 1186, the constitution Bench judgment of the Hon'ble Supreme Court in the case of Daryao vs. State of U.P reported in AIR 1990 SC 1457 and another judgment of the Hon'ble Supreme Court in the case of Supreme Court Employees Welfare Association vs. Union of India since reported in AIR 1990 SC 34 and took a view that a party to a decision cannot be permitted to reopen a concluded issue on grounds that certain issues which could have been raised by the department, were either not raised or has escaped the notice of the
Bench. It is held that law is well settled and any issue finally decided between the parties cannot be permitted to be reopened at the instance of either of the parties, inter alia, on grounds of deficient reasoning or any other grounds, on the principle of res judicata which equally applies to writ proceedings. As regards the recovery aspect of the matter, the learned writ Court has quoted Paragraph 19 from the judgment of the Hon'ble Supreme Court in the case of Rafiq Masih (supra) to take a view that the recovery as ordered by the impugned office orders is pathetic as also contemptuous.
While assailing the impugned judgment of the learned writ Court, Mr. P.N.Shahi, learned A.A.G-6 submits that in a similar matter this Division Bench upheld the office order dated 24.09.2012 and the order dated 09.04.2013 issued by the Superintending Engineer, Road Construction Department, Road Circle, Saharsa, whereby the petitioner was reverted and the order of recovery was made on account of the fact that the petitioner was paid salary in the pay scale of Rs.4000-6000/- instead of his entitlement of Rs.3050-4590/-. A copy of the judgment dated 23.02.2018 passed in LPA No.1303 of 2014 (arising out of Civil Writ Jurisdiction Case No.12147 of 2013) has been placed before us.
Learned A.A.G.-6 further submits that the learned writ Court has made various observations and remarks against the conduct of the Principal Secretary, Department of Finance, Government of Bihar without giving him any opportunity of hearing and further in the facts and circumstances of the case only because in the opinion of the learned writ Court the Principal Secretary, Department of Finance, was not aware of the legal intricacies and had made certain statements which were found not to be in accordance with the settled judicial norms and procedure, it was not just and proper for the writ Court to impose cost of Rs.5,00,000/- which has been ordered to be paid in the Patna High Court Legal Aid Committee, Patna.
On the other hand, learned counsel representing these private respondents submits that the reliance placed on behalf of the State referring the judgment of this Court in L.P.A No.1303 of 2014 is wholly misconceived and misplaced submission in order to get rid of their own illegal acts or omissions which have been deprecated by the learned writ Court in the impugned judgment. It is submitted that no interference is called for at this stage with the impugned judgment.
We have considered the rival submissions at the Bar and perused the pleadings available on the records. We are not
inclined to accept the submission of Mr. Shahi, learned A.A.G-6 that the judgment of this Court in the case of Pankaj Kumar vs. The State of Bihar & Ors. (supra) would apply in the facts of the present case. A reading of the judgment dated 23.02.2018 would show that in the said case the impugned office orders were issued on 24.09.2012 and 09.04.2013 respectively when the Finance Departments' resolution No.3111 dated 25.03.2015 was not in existence. Further it is a matter of record that the judgment of the Hon'ble Division Bench of this Court in the case of Ram Janam Jha and others(supra) came in L.P.A No.206 of 2014 was decided on 24.08.2016. In the said judgment, the Honble Division Bench had held that by virtue of the resolution dated 25.03.
2015, the State Government had itself decided to do away with the distinction between the Junior Accounts Clerk and Senior Accounts Clerk and a decision was taken to grant the pay scale meant for Senior Accounts Clerk to all Account Clerks whether appointed on compassionate ground and otherwise and all of them were made entitled to the same pay scale. In the case of Sri Pankaj Kumar (supra) the contention of the State was that the petitioner was appointed on compassionate ground in the pay scale of Rs.
fact, only as a matter of indulgence and compassion, the Staterespondents had appointed the petitioner in the pay scale of Rs.3050-4590/- to provide financial assistance to the family of the deceased employee. It was contended that the compassion shown to the petitioner of the said case shall not create a right to claim the pay scale admissible to the Junior Accounts Clerk, the pleadings of the said case were not identical to the present case will also be crystal clear from the judgment dated 23.02.2018 in the case of Pankaj Kumar (supra) because this Court in the said case was called upon to examine the judgment rendered by a Division Bench of this Court in L.P.A No.167 of 2016 and upon examining the said judgment it has been held in the case of Pankaj Kumar (supra) that in LPA No.
167 of 2016 the action of respondent was held to be arbitrary and discriminatory on account of the fact that once there was merger of Lower Division Clerk and Upper Division Clerk they were included in the category of Assistant, there was no dispute after the merger in the matter of grant of pay scale and pay revision. The distinction on facts are apparent in Paragraph 8 of the judgment of this Court in the case of Pankaj Kumar (supra) and, therefore, we are not inclined to accept the submissions of learned A.A.G-6 representing the State.
We are, however, willing to accept the submission of
learned A.A.G-6 to the extent that the observations and remarks made against the conduct of the Principal Secretary, Department of Finance, Government of Bihar, and imposition of cost of Rs.5 Lakhs against the State are required to be set-aside in the facts and circumstances of the case. We are, however, of the view that while filing an affidavit on behalf of the State, caution and care be taken in the matter of assailing any judgment of this Court or by the Hon'ble Apex Court. We can understand the unhappiness expressed by the learned writ Court for certain reasons indicated in the impugned judgment but considering the submissions of the learned A.A.G.
-6 that such observations were given and made without giving any opportunity to the Principal Secretary, Government of Bihar, we think it just and proper to expunge all such remarks and observations which are in the nature of personal remarks against the Principal Secretary, Department of Finance, Government of Bihar, those are thus expunged. In the circumstances stated above, we also set aside the part of the order by which the cost of Rs.5 Lakhs has been imposed upon the State. We, however, do not find any reason to interfere with the impugned judgment of the learned writ Court in settingaside the impugned office orders passed by the respondent authorities in the different cases.
fully covered under the resolution of the State Government dated 25.03.2015 as also under the judgment of this Court in the case of Ram Janam Jha (supra). The consequential orders passed by the learned writ Court shall be complied with within a period of two months from the date of receipt/production of a copy of this judgment.
Save and except, the modifications made with respect to the remarks and observations against the Principal Secretary, Department of Finance, Government of Bihar and the cost, we are not inclined to entertain the present batch of Letters Patent Appeals, hence these are dismissed but without any cost.
(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Arvind/R.R.Ojha AFR/NAFR CAV DATE Uploading Date20.07.2018 Transmission Date 20.07.2018