Shri Krishna Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.188 of 2018 In LPA 381 of 2005 ====================================================== Shri Krishna Pandey, son of late Ram Talika Pandey, resident of village Agrer Khurd, P.O. Agrer Kalan, P.S. Suryapura, District Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. The Secretary, Department of Health Medical Education and Family Welfare, Govt. of Bihar, Patna

3. The Addl. Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Bihar, Patna

4. The Deputy Secretary, Department of Health, Medical Education, Govt. of Bihar, Pana

5. The Director, Deshi Chikitsa, Department of Health, Govt. of Bihar, Pana

6. Sri Deobrat Narayan Singh, Lecturer, Government Ayurvedic College, Patna presently functioning as Officer on Special Duty, Directorate of Desi Chikitsa, Department of Health, Education and Family Welfare, Govt. of Bihar, Pana

7. The Principal, Government Dhanwantari Ayurvedic College, Ahirauli at Buxar

8. Binod Kumar Chaubey, son of Sri Bindhyanchal Chaubey

9. Smt. Indu Kumari, D/o late Kashi Nath Mishra

10. Smt. Usha Devi, substituted heir and wife of late Balmiki Pandey

11. Arjun Pandey, son of late Jagar Nath Pandey

12. Arun Kumar Tiwary, son of late Jori Lal Tiwary

13. Avinath Kumar Sinha, son of lae Chakradhari Sinha

14. Ramashray Singh, son of late Shivdhari Singh

15. Dinanath Singh, son of Sri Ram Dayal Singh

16. Badri Narayan Singh, son of late Parikha Shah

17. Sidheshwar Tiwary, son of Sri Ram Nath Tiwary

18. Brij Nah Chaubey, son of late Parshu Ram Chaubey

19. Binod Kumar Gupta, son of late Yogendra Prasad Gupta

20. Ghanchyam Dubey, son of late Ram Niwash Dubey

21. Dwarika Nath Dubey, son of late Sudama Dubey

22. Pashupati Paswan, son of late Dhivbalak Paswan

23. Dilip Kumar, son of Sri Nirmal Prasad

24. Sri Rang Mishra, son of late Dharma Mishra

25. Mohan Tiwary, son of late Rajeshwar Tiwary

26. Shivjee Yadav, son of late Igrashan Yadav

27. Awadh Bihari Singh, son of late Ram Drash Singh

28. Hare Ram Sharma, son of late Baijnath Sharma

29. Shyambihari Pandey, son of Sri Ram Pratap Pandey

30. Yugal Kishor Pandey, son of late Shiv Das Pandey

31. Gopal Krishna Chaubey, son of Sri Awadhesh Chaubey

32. Rajendra Prasad, son of late Anant Prasad

33. Shyam Narayan Upadhyay, son of late Ramjee Upadhyay All are employees of Government Dhanwantari Ayurvedic College, Ahirauli at Buxar

Patna High Court C. REV. No.188 of 2018 (4) dt.05-11-2018

34. Narbeshwar Upadhyay, son of Banarshi Upadhyay

35. Amrendra Kumar Chaubey, son of Sri Sidheshwar Chaubey

36. Dharnidhar Chaubey, son of late Shiv Shankar Chaubey

37. Baban Thakur, son of late Damari Thakur

38. Smt. Madhuri Devi, wife of Ram Chandra Mishra

39. Smt. Saroj Ojha, wife of Bhupendra Nath Ojha

40. Ram Sundar Chaoudhary, son of Sri Bigu Choudhary

41. Bijay Shankar Pandey, son of late Baleshwar Pandey

42. Dr. Brij Bihari Pandey, son of late Dev Nath Pandey All are employees of Government Dhanwantari Ayurvedic College, Ahirauli at Buxar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Brisketu Sharan Pandey For the Respondent/s : Mr. S.D. Yadav ( Aag 9 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 05-11-2018 This review application arises from the judgment and order dated 24.7.2008 passed by a Co-ordinate Bench in L.P.A.No. 381/2005, whereby the appeal was dismissed affirming the judgment and order of the Writ Court.

Mr. Brisketu Sharan Pandey, learned counsel for the petitioner, very fairly admits that the S.L.P. filed by these review petitioners has also been dismissed by the Supreme Court. The reason for filing the present review application, as submitted by Mr. Pandey, is that some of the similarly situated appointees feeling aggrieved by similar dismissal order passed by this Court in separate writ petition as affirmed in appeal, moved the Supreme Court in S.L.P.No. 11057/2018 and in which notices have been

Patna High Court C. REV. No.188 of 2018 (4) dt.05-11-2018 issued and the case has been adjourned. It is this order passed in a case of similarly placed person, which has prompted the petitioner to move this Court in Civil Review Jurisdiction. We are satisfied to record that in so far as the present petitioner is concerned, his challenge was negated by the Writ Court which order was affirmed in intra-Court appeal and even the Supreme Court refused to entertain their Special Leave Petition. Simply because a Special Leave Petition preferred by some similarly situated persons has been entertained, in our opinion would not vest any right to the petitioner to move this Court in Review Jurisdiction, especially where the dismissal order stands affirmed until the Supreme Court.

For the reasons so discussed, we reject the interlocutory application filed for condonation of delay of eight years. Consequently, the civil review application is also dismissed. (Jyoti Saran, J) (Nilu Agrawal, J) Surendra/- U