Partly allowed

Upendra Kumar Singh v. The State Of Bihar and Ors.

Patna HC2 Aug 2012CWJC/13518/2012

Case brief

AI extract

What is this about?

High Court in patna disposed of a batch of writ petitions where petitioners, daily工资 workers, sought inclusion in class-4 employee panels. The Court set aside rejection orders for being arbitrary and directed respondents to pass reasoned orders before proceeding. Palestine High Court order in detail.

What did the court decide?

Impugned orders set aside; respondents restrained from proceeding with selection and directed to pass fresh reasoned order.

Upendra Kumar Singh Vs The State Of Bihar and… — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13281 of 2012

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====================================================== 1. Shiv Kumar Singh S/O Sri Ram Kripal Singh R/O Village- Mahammada, P.S.- Garkha, District- Saran At Chapra, Presently Working As Ddt Chhirkao,Kshetriya Karyakarta In Jalalpur Block Of Saran District

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.... .... Petitioner/s

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Versus

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The State Of Bihar 2. The Chief Secretary Govt. Of Bihar, Patna

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The Principal Secretary Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna 5. The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.13314 of 2012

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====================================================== 1. Manoj Kumar Singh Son Of Sri Sheela Nath Singh Resident Of VillageMahammada, P.S. Garkha, District- Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.13340 of 2012

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====================================================== 1. Raj Roshan Manjhi Son Of Sri Sabrajit Manjhi Resident Of Village - Dhupnagar (Dhobwal), P.S. - Khaira, District - Saran At Chapra , Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District

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.... .... Petitioner/s

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13518 of 2012

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====================================================== 1. Upendra Kumar Singh Son Of Sri Rameshwar Singh Resident Of Village - Dharmpura, P.O. Rasulpur, P.S. Doriganj, District - Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District

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.... .... Petitioner/s Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director-In-Chief , Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s ====================================================== with

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Civil Writ Jurisdiction Case No.13534 of 2012

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====================================================== 1. Chandra Deep Singh Son Of Sri Ram Kripal Singh Resident Of Village - Mahammada, P.S. Garkha, District - Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District

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.... .... Petitioner/s Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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The Assistant Director (Employment), Sub - Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13582 of 2012 ====================================================== 1. Vijay Kumar Sharma Son Of Late Shiv Shambhu Sharma Resident Of Village - Husse Chapra, P.S. Chapra, District - Saran At Chapra, Presently Working As Shrestha Ddt Chhirkao, Kshetriya Karyakarta In Jalalpur Block Of Saran District

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.... .... Petitioner/s Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13584 of 2012 ====================================================== 1. Akshay Lal Sharma Son Of Sri Satya Narayan Sharma Resident Of Village - Rudalpur P.S. Jalalpur, District - Saran At Chapra , Presently Working As Ddt Chhirkao, Sheshtha Kshetriya In Jalalpur Block Of Saran District

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.... .... Petitioner/s Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra .... .... Respondent/s

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====================================================== with

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Civil Writ Jurisdiction Case No.13601 of 2012

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======================================================

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.... .... Respondent/s

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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Ram Bahadur Singh Son Of Late Ram Kathin Singh Resident Of Village - Mahammada, P.S. Garkha, District - Saran At Chapra , Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District

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.... .... Petitioner/s

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Versus

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The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra

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The Assistant Director (Employment), Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s

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====================================================== with

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Civil Writ Jurisdiction Case No.13680 of 2012

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====================================================== 1. Lal Mohan Rai S/O Jagarnath Rai Resident Of Village- Mahammada, P.S- Garkha, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Jalapur Block Of Saran District...............

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna.

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna.

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The Director In Chief, Health Services, Bihar, Patna.

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.... .... Respondent/s

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======================================================

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with

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Civil Writ Jurisdiction Case No.13699 of 2012

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====================================================== 1. Ramadhar Singh S/O Late Ram Milan Singh Resident Of VillageMahammada, P.S- Garkha, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District

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.... .... Petitioner/s

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Versus

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The State Of Bihar

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The Chief Secretary, Govt. Of Bihar, Patna.

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna

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The Director In Chief, Health Services, Bihar, Patna.

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The Chief Malaria Officer, Bihar, Patna.

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The District Magistrate, Saran At Chapra

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The District Malaria Officer, Saran At Chapra.

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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The Assistant Director (Employment) Sub- Regional Employment Exchange Saran At Chapra.

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.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13737 of 2012 ====================================================== 1. Gajendra Singh S/O Sri Parshuram Singh R/O Village, P.O., P.S.Baniyapur, District- Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Chief Secretary, Govt. Of Bihar, Patna 3. The Principal Secretary Department Of Health, Govt. Of Bihar, Patna 4. The Director-In-Chief, Health Services, Bihar, Patna

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The Chief Malaria Officer, Bihar, Patna 6. The District Magistrate, Saran At Chapra 7. The District Malaria Officer, Saran At Chapra 8. The Assistant Director (Employment) Sub-Regional Employment Exchange, Saran At Chapra

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.... .... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No.13819 of 2012 ====================================================== 1. Pramod Kumar S/O Jagannath Prasad Sharma Resident Of Mohalla Mauna P.S. Chhapra Town, District Saran At Chapra, Presently Working As Ddt Chhirkao, Sheshtha Kshetriya Karyakarta In Chhapra Sadar Block Of Sara District. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. The Chief Secretary, Govt. Of Bihar, Patna. 3. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna. 4. The Director In Chief, Health Services, Bihar, Patna. 5. The Chief Malaria Officer, Bihar, Patna. 6. The District Magistrate, Saran At Chapra. 7. The District Malaria Officer, Saran At Chapra. 8. The Assistant Director (Employment), Sub Regional Employment Exchange, Saran At Chapra.

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.... .... Respondent/s

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====================================================== with Civil Writ Jurisdiction Case No.13832 of 2012 ====================================================== 1. Parmeshwar Singh S/O Late Babhikhan Singh Resident Of Village

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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Mangraila, P.S. Baniyapur, District Saran At Chapra, Presently Working As Ddt Chhirkao, Kshetriya Karyakarta In Baniyapur Block Of Saran District.

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.... .... Petitioner/s

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Versus

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The State Of Bihar.

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The Chief Secretary, Govt. Of Bihar, Patna.

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna.

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The Director In Chief, Health Services, Bihar, Patna.

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The Chief Malaria Officer, Bihar, Patna.

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The District Magistrate, Saran At Chapra.

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The District Malaria Officer, Saran At Chapra.

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The Assistant Director (Employment), Sub Regional Employment Exchange, Saran At Chapra.

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.... .... Respondent/s

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======================================================

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with Civil Writ Jurisdiction Case No.13855 of 2012

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======================================================

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Shambhu Ram S/O Late Shiv Janam Ram Resident Of Mohalla Mauna Mohan Nagar, P.S. Chhapra Town, District Saran At Chapra, Presently Working As Ddt Chhirkao, Sheshtha Kshetriya Karyakarta In Chhapra Sadar Block Of Saran District.

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.... .... Petitioner/s

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Versus

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The State Of Bihar.

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The Chief Secretary, Govt. Of Bihar, Patna.

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The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna.

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The Director In Chief, Health Services, Bihar, Patna.

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The Chief Malaria Officer, Bihar, Patna.

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The District Magistrate, Saran At Chapra.

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The District Malaria Officer, Saran At Chapra.

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The Assistant Director (Employment), Sub Regional Employment Exchange, Saran At Chapra.

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.... .... Respondent/s

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====================================================== Appearance : (In CWJC No.13281 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Manikant Mishra Gp25 (In CWJC No.13314 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Kumar Sachin Gp24 (In CWJC No.13340 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Radhika Raman Gp23 (In CWJC No.13518 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Pawan Kr. Mishra Gp22

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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(In CWJC No.13534 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Rajeev Kr. Singh Gp15 (In CWJC No.13582 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Prahlad Kr. Bhagat Gp13 (In CWJC No.13584 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Madhuresh Prasad Gp12 (In CWJC No.13601 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Nirbhay K.Singh Gp26 (In CWJC No.13680 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Roy Shivaji Nath Aag3 (In CWJC No.13699 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Rajesh Kumar Gp21 (In CWJC No.13737 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Namrta Mishra Gp17 (In CWJC No.13819 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Neeraj Nandan Gp20 (In CWJC No.13832 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Rajesh Singh Gp16 (In CWJC No.13855 of 2012) For the Petitioner/s : Mr. Prashant Sinha For the Respondent/s : Mr. Rishiraj Sinha Gp19 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 02-08-2012 Heard learned counsel for the petitioners and learned counsel for the respondents in this batch of writ applications. The relief prayed is to include their names in the panel of Class-4 employees being prepared in the District of Saran pursuant to advertisement No.1/12 by taking into consideration their man days on daily wage as D.D.T. Sprayers.

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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Learned counsel for the petitioners submit that the issue stands fully covered by the order in C.W.J.C. No.11798/11, disposed on 9.2.2012.

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In all the applications the petitioners are stated to be applicants. They have also filed representations enclosing a copy of the court order. In some of the applications, the representations have been rejected by a commonly worded order dated 26.3.2012 at Annexure-8 in C.W.J.C. No.13281/12 without reasons.

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The representation at Annexure-7 dated 15.3.2012 manifests the order dated 9.2.2012 in C.W.J.C. No.11798/11 as an enclosure. The impugned order rejecting the representation contains no reasons at all rendering it arbitrary without furthermore.

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The impugned order dated 26.3.2012 is therefore set aside. It shall apply equally to all the petitioners. The respondents are directed to consider their grievance for inclusion of names in the panel in accordance with the discussion contained in C.W.J.C. No.11798/11 and pass a fresh reasoned and speaking order.

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Considering that the last date prescribed under the advertisement was 31.7.2012, the respondents are restrained from proceeding with the selection process in any manner unless they first dispose off the representations of the petitioner by a reasoned and speaking order discussing

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Patna High Court CWJC No.13281 of 2012 (2) dt.02-08-2012

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all aspects of the matter including any orders of the Court that the petitioners may rely upon.

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The applications are disposed.

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(Navin Sinha, J)

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K.C.jha/-

Upendra Kumar Singh v. The State Of Bihar and Ors.

Case brief

What is this about?

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Upendra Kumar Singh v. The State Of Bihar and Ors.

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