Patna High Court
Swati Kumari vs The State Of Bihar on 8 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14706 of 2021
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1. Swati Kumari D/o Shambhu Sharan Prasad resident of Village- Pank, P.S.
Jayrampur, Distt- Sheikhpura. Presently posted at Planning Engineer, Chief
Engineer Office, Patna.
2. Kusum Sinha D/o Vikash Kumar C/O Jayant Singh resident of Village-
Lakhanchand, P.S. Mokmaghat, Distt- Patna Presently posted at Asst.
Electrical Engineer, Electric Works Division, Gaya.
3. Hariom Kumar S/o Prabhujee Prasad resident of Village- Alampur, P.S.
Sheosagar, Distt- Rohtas Presently posted at Asst. Electrical Engineer,
Electric Works Division no 3, Patna.
4. Ashish Gupta S/o Manoj Kumar Gupta resident of Village- Alampur, P.S.
Sheosagar, Distt- Rohtas Presently posted at Asst. Electrical Engineer,
Electric Works Division, Supaul, Saharssa.
5. Kamlesh Kumar S/o Sukhdev Paswan resident of Village- Madhuwan, P.S.
Aurai, Distt- Muzaffarpur Presently posted at Asst. Electric Engineer,
Electricity Works Division, Saharsa.
6. Ruhi Bano D/o Zazir Ahmad Khan resident of Village- Nai Bazar, Chapra,
last more, P.S. Chapra, Distt- Saran Presently posted at Estimating Officer,
Electric Works Division no 3, Patna.
7. Rupesh Kumar S/o Choudhree Singh resident of Village- Garaiya Tola, P.S.
Bhatgama, Distt- Madhepura. Presently posted at Asst. Electrical Engineer,
Electric Works Division, Gopalgunj, Chapra.
8. Shubham Raj S/o Ram Pravesh Thakur resident of Village- Nandani, P.S.
Shivaisinghpur, Distt- Samastipur Presently posted at Electric Works
Division no. 1, Patna.
9. Shweta Kumari D/o Satyendra Narayan Jha resident of Village- Padma, P.S.
Padma, Distt- Madhubani Presently posted at Asst. Electric Engineer,
Electricity Works Division, Danapur- 02, Patna.
10. Khusboo Kumari D/o Pramod Kumar Mishra resident of Village- Malmalya
Road, P.S. Mashrak, Distt- Saran Presently posted at Estimating Officer,
South Bihar Electric Works Circle, Patna.
11. Manish Kumar S/o Mani Bhushan Mandal resident of Village- Dhamdaha,
P.S. Purnea, Distt- Purnea. Presently posted at Asst. Electrical Engineer,
Electric Works Division, Motihari.
12. Jyoti Kumari D/o Ram Ishwar Prasad resident of Vill- Karma, P.S.- Amjhoa
and Distt- Rohtas Presently posted at Estimating Officer, Siouth Bihar
Circle, Patna.
13. Sonu Nigam S/o Biveka Nand Sahay resident of Gali no. 03, Sipahi Tola,
P.S. Chunapur, Distt- Purnea Presently posted at Asst. Electrical Engineer,
Electric Works Division, Gaya.
14. Gopal Kumar Jha S/o Manoj Kumar Jha resident of Village- Kamlabari
Sarsoti, P.S. Bisphi, Distt- Madhubani Presently posted at Estimating
Officer, Electric Works Division, Patna- 1.
Patna High Court CWJC No.14706 of 2021 dt.08-12-2021
... ... Petitioner/s
Versus
1. The State of Bihar through the Secretary, the Department of Building
Construction Govt of Bihar, Patna.
2. The Principal Secretary, Deptt of General Administration, Govt. of Bihar,
Patna.
3. The Bihar Public Service Commission through its Secretary having its
office, 15, Bailey Road, Patna.
4. The Joint Secretary cum Examination Controller, Bihar Public Service
Commission, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate
For the Respondent/s : Md. N. H. Khan, SC 1
: Md. Harun Qureshi, AC to SC 1
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 08-12-2021
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"i) A writ in the nature of mandamus commanding and
directing upon the respondents concern specially the Resp no
2 and 4 to consider the claims of the petitioner to give the
wrightage for working on contractual basis on the post of Asst
Engineer in the same Building construction department in
view of Got. Resolution bearing memo no 1003 dated
22.01.21 from the level of Respondent general administration
department I which it has been mentioned that during course
of regular appointment the period worked as contractual basis
will be taken into consideration and weightage will be given
but in the advertisement bearing no. 02/2019 for appointment
to the post of Asst Engineer (Electrical) no such condition has
been mentioned whereas in different advertisement published
by Respondent Bihar public service commission (hereinafter
referred as BPSC for sake brevity) like advertisement no 11 of
2020 for the appointment on the post of Asst professor in
Electrical Engineering such provision for giving weightage
has been mentioned.
Patna High Court CWJC No.14706 of 2021 dt.08-12-2021
ii) For a direction upon the respondent concerned to
publish corrigendum regarding advertisement no 02/2019
mentioning the condition of weightage of contractual
employee as till date process of appointment is not proceed at
alter stage and the same will be applicable for all.
iii) For any order/orders, relief/reliefs as the lordship may
deem fit and proper in the facts and circumstances of the
case."
Without making necessary representation/application before
the competent authority petitioners have rush to this Court in
seeking writ of mandamus.
In the light of the Apex Court decision in the case of Mani
Subrat Jain vs. State of Haryana and Others reported in A.I.R.
1977 SC 276, the present petition is not entertainable.
Accordingly, writ petition stands dismissed reserving liberty
to the petitioners to approach the concerned respondent by making
representation/application within a period of eight weeks from
today.
On receipt of the petitioners' application/representation, the
competent authority is hereby directed to decide petitioners'
grievance at the earliest.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.12.2021
Transmission Date NA
