Baccha Prasad Srivastava vs The State Of Bihar
2022 Latest Caselaw 708 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.2890 of 2021
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1. Baccha Prasad Srivastava, Son of Late Rajendra Prasad, Resident of Village-

Shrirampur, P.S.- Sonho, District- Saran at Chhapra.

2. Sunil Kumar Pandey, Son of Tripurari Pandey, Resident of Village- Basdila, P.S.- Kopa, District- Saran at Chhapra.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

2. Principal Secretary, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

3. Principal Secretary, Finance Department, Government of Bihar, Patna.

4. Inspector of Registration Offices, Prohibition, Excise and Registration Department, Government of Bihar, Patna.

5. District Registrar, Saran at Chhapra.

6. District Sub Registrar, Saran at Chhapra.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Respondent/s : Mr. Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 28-01-2022 This matter is heard via video conferencing due to

circumstances prevailing on account of COVID-19 Pandemic.

2. Learned counsel for the State accepts notice for the

respondents.

3. Heard learned counsel for the parties.

4. In the instant petition, the petitioners have prayed for

the following reliefs:

Patna High Court CWJC No.2890 of 2021 dt.28-01-2022

"(i) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the Prohibition, Excise and Registration Department, Government of Bihar, Patna (hereinafter referred to as "the Department") as well as under the Finance Department, Government of Bihar, Patna, to construe the services spent by the petitioners as extra clerk from the date of their initial appointment i.e. 16/9/1991 for the purpose of promotions and other consequential benefits arising thereupon;

(ii) Issuance of a direction, order or writ including writ in the nature of mandamus commanding the concerned respondent authorities under the Department as well as under the Finance Department, Government of Bihar, Patna, to construe the services spent by the petitioners as extra clerk from the date of their initial appointment i.e. 16/9/1991 for the purpose of pensionary benefits;

(iii) Any other relief/reliefs that the petitioner may be found to be entitled to in the facts and circumstances of the present case."

5. In support of the relief, the petitioners submitted

representation on 14.02.2020 and the same is pending

consideration before the concerned respondent.

6. Accordingly, the concerned respondent is hereby

directed to examine the petitioners' representation and pass

speaking order and communicate the same to the petitioners.

Patna High Court CWJC No.2890 of 2021 dt.28-01-2022

7. The above exercise must be completed within a period

of four months from the date of receipt of a copy of this order.

8. The writ petition stands disposed of.

(P. B. Bajanthri, J) uday/-

AFR/NAFR                NAFR
CAV DATE                02.02.2022
Uploading Date          NA
Transmission Date       NA