Umesh Kumar Chaudhary And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16908 of 2018 ======================================================

1. Umesh Kumar Chaudhary, son of late Aditya Chaudhary, at Superintending Engineer, NH Works Circle, Patna

2. Markandey Sharma, son of late Sidh Nath Sharma, at Superintending Engineer, NH Works Circle, Patna

3. Umesh Kumar, son of late Kapil Deo Pandit, at Executive Engineer, NH Division-2, Biharsharif

4. Lakshman Kumar, son of late Sadhu Sharan Gupta, at Superintending Engineer, NH Works Circle, Patna

5. Shrinath Kumar, son of late Vijay Kumar Singh, at Executive Engineer, NH Division, Biharsharif .... .... Petitioner/s

Versus

1. The State of Bihar though the Chief Secretary, Road Construction Department, Bihar, Patna

2. The Principal Secretary, Road Construction Department, Bihar, Patna

3. The Deputy Secretary, Road Construction Department, Bihar, Patna

4. The Engineer-in-Chief-cum-Special Secretary, Road Construction Department, Biahr Patna

5. The Chief Engineer, Road Construction Department, Bihar, Patna

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

7. The Principal Secretary, General Administration Department, Bihar, Patna

8. The Superintending Engineer, National Highway, Works Circle, Road Construction Department, Bihar, Patna.

9. The Executive Engineer, National Highway Division, Road Construction Department, Biharsharif (Nalanda)

10. The Executive Engineer, National Highway, Division No.2 Road Construction Department, Biharsharif (Nalanda) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Siyaram Pandey For the Respondent/s : Mr. Krishna Kr. Singh, AC to GP22 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that the fact of the present case is identical to the case of The State of Bihar & Ors. Vs. Ram Janam Jha & ors. (L.P.A. No. 206 of 2014 in

Patna High Court CWJC No.16908 of 2018 (2) dt.06-09-2018 2 /2 C.W.J.C. No. 12124 of 2011), the aforesaid order squarely covers the issue involved in the present case.

In such view of the matter, the concerned authority is directed to examine the case of petitioner and if it is found that present case is squarely covered by the aforesaid case, the same benefit should also be extended to the petitioner. With the aforesaid observations and directions this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/Sunny U