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Patna High CourtCWJC/15294/2017disposed

Pankaj Kumar Ram v. The State Of Bihar And ORS

2018-07-23Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15294 of 2017 ====================================================== Pankaj Kumar Ram S/o late Nitya Ram Resident of Mohalla- Om Nagar, P.O. and P.S. Araria, Distt. Araria.

... ... Petitioner

Versus

1. The State of Bihar through Law Secretary, Bihar, Patna.

2. The High Court of Judicature at Patna through its Registrar General.

3. The Registrar General, the High Court of Judicature of Patna.

4. Registrar(Administration), High Court of Judicature at Patna.

5. The District and Sessions Judge, Civil Court, Purnea.

6. The District and Sessions Judge, Araria.

7. Registrar, Civil Court, Purnea.

8. Administration Incharge, Civil Court, Purnea. ... ... Respondent ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar Ray, Advocate For the State :

Mr. S.K. Mandal-SC-3 Mr. Bipin Kumar, A.C. to S.C.-3 Mr. Arjun Prasad, A.C. to S.C.-3 For the High Court :

Mr. Bindhyachal Singh, Advocate Ms. Smriti Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 23-07-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the High Court. 2.

An interlocutory Application vide I.A. No.4057 of 2018 has been filed for amendment of the writ petition. 3.

The Interlocutory Application is allowed and the averments made in the Interlocutory Application will be treated

Patna High Court CWJC No.15294 of 2017 dt.23-07-2018 2/3 to be the part of the main writ petition.

4.

This matter relates to appointment on compassionate ground. Rejection has been effected on account of fact that in terms of the Government Resolution 3% post has already been filled up by compassionate appointees. 5.

Anil Kumar Chaudhary, Bablu Oraon, Ranjit Kumar and Bharti Kumar, whose cases were rejected on the identical ground by the same order dated 24.06.2016, they approached this Court in C.W.J.C. No.14958 of 2016. The said writ petition was dismissed by the Single Bench, which was challenged successfully before the Division Bench in L.P.A. No.2390 of 2016.

6.

Learned counsel for the petitioner submits that the case of the petitioner is identical to the cases of those persons of L.P.A. No.2390 of 2016 and the judgment dated 18.07.2017 is squarely applies to the case of the present petitioner. 7.

Let the case of the petitioner be also considered by the High Court along with the cases of appellants of L.P.A. No.2390 of 2016 and give the same benefit as will be given to them. Accordingly, the order dated 24.06.2016 with respect to the present petitioner is set aside.

Patna High Court CWJC No.15294 of 2017 dt.23-07-2018 3/3 8.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 25.07.2018 Transmission Date N/A.