Patna High Court
Sunil Kumar vs The State Of Bihar on 27 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.160 of 2021
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1. Sunil Kumar Son of late Anant Prasad Sinha Resident of Mohalla -
Sarvolday Nagar, karma Road, Post Office Aurangabad, Police Station
Aurangabad Town, District- Aurangabad, Bihar.
2. Birendra Kumar Son of Late Shivadhin Prasad Shrivastava Resident of
Mohalla - Company Sarai, Rouza Road No. 1, Sasaram, Post office and
Police Station Sasaram, District- Rohtas Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, Bihar.
2. The Principal Secretary, Rural Development Department,Government of
Bihar, New Secretariat, Baily Road, Patna, 800001.
3. The District Magistrate, Aurangabad, Bihar- 824101.
4. The Deputy Development Commissioner cum Chief Executive Officer,
District Rural Development Agency, Aurangabad, Bihar- 824101.
5. The Director, District Rural Development Agency, Aurangabad, Bihar-
824101.
6. The District Establishment Deputy Collectoer, Collector, Colletorate,
Aurangabad, Bihar- 824101.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra
: Mr. Shailendra Kumar
For the Respondent/s : Mr. Lalit Kishore, AG
: Mr. Harish Kumar, GP 8
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 27-10-2021
Heard the learned counsels for the parties.
In the instant petition, State counsel Mr. Harish Kumar (GP
8) accepts notice for respondents.
The petitioner has prayed for the following relief:
The petitioners are invoking the writ jurisdiction
of this Hon'ble Court for passing an appropriate
order/orders, direction/directions in the nature of writ of
mandamus directing the respondents concern to extend the
Patna High Court CWJC No.160 of 2021 dt.27-10-2021
benefit of absorption in government service as has been
extended to similarly situated counterparts in terms of
decision of government of India; accepted by the government
of Bihar vide resolution contained in Memo No. 8987 dated
13.11.2003 and modified resolution contained in Memo No.
554 dated 16.01.2006 issued under order of the Government
of Bihar as well in terms of judgment dated 27.04.2015 passed
by this Hon'ble Court in C.W.J.C. No. 10653 of 2008; upheld
by a judgment dated 13.03.2018 in L.P.A. No. 2082 of 2015.
The concerned respondent filed a counter statement in which
it is stated that the petitioner is not entitled to grievance as stated in the
present petition. Merely stating such a statement do not serve the
purpose, therefore, the concerned respondent is hereby directed to pass
a speaking order as to why the petitioner is not entitled to the grievance
sought in the present petition after due consideration of relevant policy
decision of the State in respect of absorption and consequential
benefits, if any.
Speaking order to be passed shall be communicated to the
petitioner at the earliest.
The above exercise shall be completed within a period of
four months from the date of receipt of this order.
Petition stands disposed of.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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