Patna High Court
Narayan Kumar Sinha vs The State Of Bihar on 1 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9815 of 2021
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1. Narayan Kumar Sinha Son of Late Surya Kumar Lal Resident of Village-
Bhakhai, P.S.-Mufassil, District-Aurangabad.
2. Ram Bali Yadav Son of Chamman Yadav Resident of Mohalla-Pipardih,
P.S.-Aurangabad,District-Aurangabad.
3. Sunil Kumar Singh Son of Kamta Singh Resident of Village-Dharbhanga,
P.S.-Madanpur, District-Aurangabad.
4. Awadhesh Ray Son of Late Brahamdeo Ray Resident of Village-Kariyo
Curaha, P.S.-Mahuha, District-Vaishali
5. Julekha Khatoon Wife of Isha Mohammad, Resident of Village-Manshara,
P.S.-Kutumba, District-Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Old Secretariat, Patna.
2. The Principal Secretary, Board of Revenue, Government of Bihar, Old
Secretariat, Patna.
3. The Director, Animal Husbandry and Fishery Department, Government of
Bihar, Old Secretariat, Patna.
4. The Commissioner, Magadh Division, Gaya.
5. The District Magistrate/Collector, Aurangabad,
6. The District Animal Husbandry officer, Aurangabad.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Advocate
For the Respondent/s : None
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 01-12-2021
Heard learned counsel for the petitioner.
Despite service of notice in the Office of the Advocate
General none appears for the respondents.
In the instant petition, petitioners have prayed for the
following reliefs:-
Patna High Court CWJC No.9815 of 2021 dt.01-12-2021
"(i) For issuance of an
appropriate writ/writs in the nature of
mandamus directing/commanding the
respondents authorities particularly
respondent no. 5 & 6, they should ensure the
appointment/Joining of petitioners on the
post of class IV, as recommended by
respondent no. 5 (Annexure-'2') against the
sanctioned and vacant post in the
Department of Animal Husbandry,
Aurangabad, vide his letter number 1011
dated 18.12.2019, as per affidavit filed by
respondent number-5 in earlier writ
applications by way of counter affidavit and
as well as in contempt petition vide
contempt petition number M.J.C. No. 3272
of 2018 by way of show cause before this
Hon'ble Court. The State Government
should adopt the same policy for
appointment of these petitioners like
appointment of others earlier also.
(ii) For dispose of the present writ
petition in term of the order passed by this
Hon'ble Court in C.W.J.C. No. 2759 of 2016
and also consequently the order passed in
M.J.C. 3272/2018 (In Contempt Petition) as
contained in Annexure-1 (series) to this writ
application.
(iii) For any other relief/reliefs
for which the petitioners are entitled to in
the facts and circumstances of the case and
also in accordance with law."
Short question for consideration in the present case is
whether the petitioners are entitled to relief sought in the present
petition at the hands of respondent no. 3, the Director, Animal
Husbandry & Fishery Department, Government of Bihar or not.
Patna High Court CWJC No.9815 of 2021 dt.01-12-2021
Third respondent is hereby directed to accept the duty
report of the petitioners in terms of their selection. If there is any
difficulty in accepting the petitioners' duty report a detailed
speaking order shall be passed as to whether the petitioners are
entitled for joining report or not. The aforesaid action shall be
completed within a period of two weeks from the date of receipt of
this order.
With the aforesaid observations, the present writ petition
stands disposed off.
(P. B. Bajanthri, J)
Vikash/-
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