Patna High Court
Rewati Ranjan @ Ravti Ranjan vs The State Of Bihar Through The ... on 1 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4408 of 2021
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1. Rewati Ranjan @ Ravti Ranjan, Son of Madho Prasad Singh, Resident of
Village-Hazba, Post-Chandpur, P.S. Jagdishpur, District Bhagalpur.
2. Ranjan Kumar, Son of Mohan Sah, Resident of Village-Bhawanipur Ward
No. 05, Bhawanipur Desri, P.S. Jagdishpur, District Bhagalpur.
3. Anita Kumari @ Anita Devi, Wife of Jay Prakash Sah, Resident of Village-
Harba, Post-Chandpur, P.S. Jagdishpur, District Bhagalpur.
4. Ruby Kumari @ Ruby Devi, Wife of Ashutosh Mandal, Resident of Village-
Sardho, Post-Bishanpur Jicho, P.S. Sabour, District Bhagalpur.
5. Ajay Bharti, Son of Dashrath Mandal, Resident of Village-Kali Mandir
Nayachak Makhna, P.O.-Jamgaon Baluachak, P.S. Jagdishpur, District
Bhagalpur.
6. Anandi Prasad Singh, Son of Singeshwar Mandal, Resident of Village-
Angari, P.O.-Puraini, P.S. Jagdishpur, District Bhagalpur.
7. Nilu Kumari, Wife of Binay Kumar Sah, Resident of Village-Bhawanipur,
P.S. Jagdishpur, District Bhagalpur.
8. Achhe Kumar, Son of Pawan Mandal, Resident of Village-Ward No. 1,
Lagma, P.O. Lagma, Tetiya Bamber, P.s. Tetiya Bamber, District-Munger.
9. Rajesh Kumar, Arjun Prasad Yadav, Resident of Village-Baluachak, P.O.-
Baluachak (Puraini), P.S. Jagdishpur, District Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Human Resources
Development Department, Government of Bihar, Patna.
2. The Principal Secretary, General Administration Department, Government
of Bihar, Patna.
3. The Director, Primary Education, Government of Bihar, Patna.
4. The Director, Mass Education, Government of Bihar, Patna.
5. The District Magistrate, Bhagalpur.
6. District Mass Education Officer, Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Chandrasekhar Sharma
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 01-02-2022
Patna High Court CWJC No.4408 of 2021 dt.01-02-2022
2. The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
3. State counsel accepts notice for respondents.
4. In the instant petition, petitioners have prayed for the
following relief/reliefs:
"(i) For issuance of any appropriate writ or
writs specially in the nature of mandamus
commanding and directing the respondents concerned
to absorbed the petitioners on the post of Class-III and
Class-IV under the respondents State of Bihar as the
petitioner's are the Ex-Instructor of Non Formal
Education on several grounds including that the State
government decided to absorb the non formal
Education Supervisor on Class-III post.
(ii) To direct the respondent to treat the
petitioners similar to other situated persons against
whose favour orders have been passed by this Hon'ble
Court in different writ petition and in the contempt
petition and not treat the petitioners as different from
those persons.
(iii) This Hon'ble Court be further pleased
to disposed of the present writ application in terms of
order passed in C.W.J.C. No. 384/2017 disposed of on
3.3.2017 as the present case is stand on similar footing.
(iv) For issuance of any appropriate writ,
rule or directions as your Lordships may deem fit and
proper to the facts and circumstances of the case as
well as for which the petitioners may be found entitled
thereto."
5. Grievance of the petitioners is for absorption. There is
no representation before the authority. In the absence of legal and
vested right followed by demand before the competent authority,
question of issuance of writ of mandamus is not permissible in the
Patna High Court CWJC No.4408 of 2021 dt.01-02-2022
light of Apex Court decision in the case of Mani Subrat Jain V.
State of Haryana reported in (1977) 1 SCC 486.
6. Accordingly, the present petition is disposed off,
reserving liberty to the petitioners to submit a detailed
representation along with judicial pronouncement, if any. If such
representation is submitted, the competent authority is hereby
directed to decide the petitioners' representation within a
reasonable period of time.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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