Patna High CourtC. REV./502/2016allowed

Shahabuddin Ahmad v. The State Of Bihar And ORS

2017-09-20Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Review No.502 of 2016 In Civil Writ Jurisdiction Case No. 8452 of 2013 ======================================================

1. Shahabuddin Ahmad Son of Late Raisuddin Ahmad a resident of Village - Balkisunganj, Ghera, Near Masjid, P.O. - Gulzarbagh, P.S. - Alamganj, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Labour Resources Department, State of Bihar, Patna.

3. The Joint Secretarty to the Government of Bihar, Labour Resources Department, State of Bihar, Patna.

4. Sri Rakesh Kumar Son of not known retired Joint Commissioner, Labour Resources Department, State of Bihar, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate For the Respondent/s : Mr. Ajay Kumar Rastogi (AAG X) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2017 Heard counsel for the petitioner and counsel for the State.

In the present application, the petitioner is seeking review of the order dated 28.06.2016 passed in C.W.J.C. No. 8452 of 2013.

Learned counsel for the petitioner submits that this court has rejected the prayer of the petitioner on the basis of the submission of the State that the petitioner has not challenged the order dated 9.10.2012, by which the claim of the petitioner has been rejected. But, the learned counsel for the petitioner has

Patna High Court C. REV. No.502 of 2016 (3) dt.20-09-2017 2/2 pointed out that in fact, the order dated 9.10.2012 has been challenged in the writ petition. The relief sought for in paragraph no. 1 (ii) of the writ application is as follows:- "For issuance of writ of certiorari to set aside the order dated 09.10.2012 passed by the Joint Secretary to the State Government, Labour Resources Department in respect to promotion of the petitioner and communicated the petitioner vide letter no. 2979 dated 09.10.2012."

In such view of the matter, the order dated 28.06.2016 passed in C.W.J.C. No. 8452 of 2013 is reviewed. Accordingly, C.W.J.C. No. 8452 of 2013 is restored to its original file. The officer is directed to list C.W.J.C. No. 8452 of 2013 under the heading "For Admission".

Accordingly, this review application is allowed. (Shivaji Pandey, J) khushbu/- U