Patna High CourtC. REV./268/2017dismissed

The State Of Bihar And ORS v. Sanjay Kumar Verma And ORS

2017-07-26Mr. Justice Samarendra Pratap Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.268 of 2017 In Civil Writ Jurisdiction Case No. 16697 of 2009 ====================================================== The State Of Bihar & Ors .... .... Petitioner/s

Versus

Sanjay Kumar Verma & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwa Bibhuti Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 26-07-2017 The petitioner State of Bihar has filed civil review application for review of order dater dated 20.10.2014, passed in C.W.J.C.No. 16697 of 2009 and other analogous cases, which was filed by a number of Village Level Workers. This Court after hearing the parties on 20.10.2014 allowed the writ applications and set aside the impugned order passed by the Principal Secretary-cum-Agriculture Production Commissioner. The court held that the petitioners who were senior to the private respondents in the cadre of Village Level Worker/Village Extension Worker, on promotion to the post of Block Agriculture Officer/Agriculture Inspector, consequent upon completion of additional one year training, would retain their original seniority over them. The Court also directed the department to issue follow up orders. Some of the writ

Patna High Court C. REV. No.268 of 2017 (2) dt.26-07-2017 2/3 petitioners filed contempt application for initiating contempt proceeding against the opposite parties for willful non compliance of the order passed by this Court. Counsel for the State has belatedly filed the instant review petition for reviewing order of the writ court stating that some of the private respondents of the said writ petition have preferred LPA before the Division bench which is pending. Learned counsel submits that after disposal of C.W.J.C.No. 16697 of 2009 and analogous cases, some more Village Level Workers also filed different wit petitions bearing C.W.J.C.No. 16309, 11281 and 2904 of 2015 for similar relief. One of the writ petitions, namely, C.W.J.C.No. 11281 of 2015 was disposed of on 25.8.

2015 with direction to the Principal Secretary-cum- Agriculture Production Commissioner to verify the position and if the petitioners do not suffer from any other legal impediment for disqualification, their cases for promotion would also be also considered and decided within a period of six months. That being the position, the State has filed review petition.

In my view, order dated 25.8.2015, passed in C.W.J.C.No. 11281 of 2015 is in conformity with the order passed by this Court on 20.10.2014 in C.W.J.C.No. 16697 of

Patna High Court C. REV. No.268 of 2017 (2) dt.26-07-2017 3/3 2009 and analogous cases. In any view of the matter, the same cannot be a ground for review. Besides this, there is no error apparent on face of the record.

The review petition is accordingly dismissed. (Samarendra Pratap Singh, J) Shashi.