Dhirendra Kumar Jha And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11540 of 2017 ====================================================== 1.

Dhirendra Kumar Jha, S/o Vidyakant Jha, Resident of Village- Changma, P.O. and P.S.- Bahera, District- Darbhanga.

2.

Amit Kumar, S/o Rajgir Paswan, Resident of Village- Nardaria, P.O.- Dihlari, P.S.- Bishanpur, District- Darbhanga. 3.

Navin Kumar Jha, S/o Sri Uday Chandra Jha, Resident of Village- Haral Patti, P.O.- Anandpur, P.S.- Ashok Paper Mill, District- Darbhanga. 4.

Md. Shamshe Alam, S/o Md. Sagir Ansari, Resident of Village- Maharaja Chakzarahraha, P.S. and District- Darbhanga.

5.

Umesh Mahto, S/o Rajkumar Mahto, Resident of Bela Chowk Near Durga Mandir, P.O.- Lalbagh, P.S.- L.N.M.U. Campus, District- Darbhanga. 6.

Md. Sarfaraz, S/o Md. Khalif, Resident of Village- Bakerganj Abhanda, P.O. and P.S.- Laheria Sarai, District- Darbhanga. 7.

Ram Babu Bhagat, S/o Ram Bhagat, Resident of Village+P.O.- Singhwara, P.S.- Singhwara, District- Darbhanga.

8.

Azaharul Haque, S/o Mazaharul Haque, Resident of Village- Mogalpura, P.O.- Lalbagh, P.S.- Laheria Sarai, District- Darbhanga. 9.

Sunil Kumar, S/o Ram Pukar Bhagat, Resident of Village and P.O.- Singhwara, P.S.- Singhwara, District- Darbhanga. 10.

Ranjan Kumar, S/o Dinesh Kumar Verma, Resident of Office Colony, A Type, Ward No.24, Laheria Sarai, P.S.- Kaharia, District- Darbhanga. 11.

Dhirendra Kumar, S/o Dineshwar Mallick, Resident of Village and P.O.- Rahar Benipur, P.S. and District- Darbhanga.

12.

Manish Kumar Mahto, S/o Avinash Kumar Mahto, Resident of Said Nagar, Kali Asthan, P.O. and P.S.- Laheria Sarai, District- Darbhanga. 13.

Dhirendra Prasad Sah, S/o Satya Narayan Sah, Resident of Village- Azam Nagar, P.O.- Lalbag, P.S.- L.N.M.U. Campus, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

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

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Principal Secretary, Department of Food and Civil Supply and Consumer Protection, Government of Bihar, Patna. 6.

The Bihar Administrative Reforms Mission Society, Patna through its Director.

7.

The Director, Bihar Administrative Reforms Mission Society, Patna.

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The Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna through its Managing Director. 9.

The Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 10.

The Chief of Administration, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 11.

The Chief of Finance, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna.

12.

District Manager, State Food Corporation, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Subodh Kumar Jha, Advocate Mr. Pranav Kumar Jha, Advocate For the State :

Mr. Manish Kumar, GP-4 For the B.S.F.C.

:

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2026

1. Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The petitioners filed the instant application for the following relief :- "That this writ application is being filed for issuance of an appropriate writ/writs, order or orders in the nature of certiorari for quashing of the letter bearing Memo No. 1296 dated 01.07.2017 issued under the signature of District Manager, State Food Corporation, Darbhanga respondent No. 12 by which the respondent No. 12 has relieved the petitioner who are working as an Executive Assistant under Bihar State Food and Civil Supply Corporation Ltd., Darbhanga within control of District Manager, Darbhanga arbitrarily and contrary to

3/4 the law and further for issuance of an appropriate writ in the nature of mandamus for directing and commanding the respondents particularly the respondent Bihar State Food and Civil Supplies Corporation Ltd. respondent No. 8 and 12 to allow the petitioner to remain under its establishment at Darbhanga as was working since 17.12.11 and on words on the requisition made by the respondent No. 9 keeping in view of the satisfactory work performed by them and their services are required to be regularized in terms of the recommendation made by the competent authorities time to time for the ends of justice and equity and further for any other appropriate relief or reliefs for which the petitioner is entitled in the facts and circumstances of this case."

3. It is submitted by learned counsel for the petitioners that as per instructions received, substantial relief/prayer made by the petitioners in the instant application have been granted, however some connected reliefs including for payment of arrears of salary still remain. As such it is prayed that the writ application may be permitted to be withdrawn with liberty to the petitioners to file their representation before the respondentBihar State Food and Civil Supply Corporation Ltd. for pursuing the remaining reliefs.

4/4

4. Having heard learned counsel for the parties, in view of the prayer made herein above, the writ application stands disposed of as withdrawn with liberty to the petitioners to file their individual/separate representations before the Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna (respondent no.9) within a period of four weeks.

5. In case such a representation is filed, the same shall be decided within a period of two months for the date of its filing and the amount found payable to the petitioners shall be paid within the aforesaid period.

6. In case the relief prayed for by the petitioners in their representations does not find favour with the respondentManaging Director, a reasoned order in writing shall be communicated to the petitioners within the aforesaid period.

7. The writ application stands disposed of with the above observations and directions.

(Partha Sarthy, J) avinash/- U