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Patna High CourtCWJC/2131/2018disposed

Ravindra Kumar @ Rabindra Kumar v. The Union Of India And ORS

2023-02-01Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2131 of 2018 ====================================================== Ravindra Kumar @ Rabindra Kumar S/o Jagdish Singh, resident of VillageKhalilpura, P.O.- Phulwari Sharif, P.S.- Danapur Now Phulwarisharif, District- Patna.

... ... Petitioner/s

Versus

1.

The Union Of India 2.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 3.

Chief Engineer Construction, East Central Railway, Mahendru Ghat, Patna. 4.

Deputy Chief Engineer Construction, Eastern Railway, Digha Ghat, Patna. 5.

Deputy General Manager, East Central Railway, Danapur. 6.

Chief Administrative Officer, East Central Railway, Mahendru Ghat, Patna. 7.

District Magistrate, Patna.

8.

District Land Acquisition Officer, Patna.

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

For the Petitioner/s :

Mr.Vishal Saurabh For the State :

Mr.Rishi Raj Sinha -Sc19 Mr. Saurabh Kumar, AC to SC 19 For Union of India :

Mr. Arvind Kumar Tewary, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-02-2023 Heard learned Counsel for the parties concerned. Learned Counsel for the petitioner, relies upon the judgment of the Court, in the case of Smt. Sumita Devi and Others v. The Union of India through the Chairman, Railway Board and Others, reported in 2022 (3) PLJR 370, submits that in identical matters filed by the similarly situated persons, this Court has allowed the writ applications and passed the following order:

"18. In the aforesaid backdrop, the writ petitions are allowed and the respondents

Patna High Court CWJC No.2131 of 2018(6) dt.01-02-2023 2/2 are directed to consider the candidature of the petitioners and offer them appointment from the date similarly situated persons were appointed with continuity of service. However, salary shall be fixed notionally and actual salary shall be paid from the date of joining.

19. The exercise shall be completed conclusively within a period of three months.

20. It is made clear that the petitioners would be free to initiate contempt proceedings without further notice if the compliance is not made within the period as above. Cost made easy."

Accordingly, his prayer is that the present writ application be also disposed in terms of the judgment in the case of Smt. Sumita Devi (supra).

Learned Counsel for the Union of India/Railways agrees that the present writ application is fully covered by the judgment in the case of Smt. Sumita Devi (supra). In view of the aforesaid submissions, the present writ application is disposed exactly in terms of the judgment in the case of Smt. Sumita Devi (supra).

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √