Single judge hearing a writ petition concerning service parity. Directs respondent Director to consider the Nand Kishore Sharma precedent and Annexure 27 regarding ground reality to decide within three months.
Director directed to take cognizance of annexures, consider Nand Kishore Sharma decision and ground reality, and decide within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17395 of 2012
====================================================== 1. Ramanand Sharma S/O Late Sharda Nand Sharma R/O At P.O.+P.S.Barari, District- Bhagalpur .... .... Petitioner/s Versus 1. The State Of Bihar Through The Principal Secretary, Science And Technology Department, Government Of Bihar, Science And Technology Bhawan, Bailey Road, Patna 2. The Director, Science And Technology Department, Government Of Bihar, Science And Technology Bhawan, Bailey Road, Patna 3. The Principal, Bhagalpur College Of Engineering, Bhagalpur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr Shivendra Kishore, Sr. Advocate Mr. Jai Kishor Poddar For the Respondent/s : Mr. S.A. Alam, SC 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 5 10-01-2014 Without expressing any opinion on the merit of the assertion made in the present writ application but on a submission made by learned senior counsel representing the petitioner that the department concerned has not taken into consideration the ground reality, which has come up in regard to yet another person similarly situated, which was the case of Nand Kishore Sharma v. State of Bihar, CWJC No.6409 of 2006 decided on 23.8.2012. This decision of the learned single Judge has also been upheld by a Division Bench and even affirmed by the Hon’ble Apex Court. On the basis of the previous direction passed by the High Court in the earlier writ filed by the petitioner, a copy of which is Annexure- 19, the respondent authorities have taken a
Patna High Court CWJC No.17395 of 2012 (6) dt.10-01-2014
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decision in terms of Annexure-1. This decision is dated 1.8.2012. Petitioner has been given the benefit of Rule 103(a) of the Bihar Service Code. However, he is not satisfied with the same because he is looking for parity with Nand Kishore Sharma.
Let the Director, Science and Technology Department take cognizance of Annexure- 27, dated 16.12.2013 and consider the matter in the light of what has been stated therein as well as take into consideration the decision in the case of Nand Kishore Sharma and whether it is applicable to the case of the petitioner. The Court would expect the decision to be taken within a period of three months from the date of production of a copy of this order.
Writ is disposed of with the above direction.
(Ajay Kumar Tripathi, J)
sk
3 issues framed by the court
Whether the Director, Science and Technology Department should consider the decision in Nand Kishore Sharma v. State of Bihar for parity in the petitioner's case.
Whether the petitioner is entitled to benefit of Rule 103(a) of the Bihar Service Code with parity.
Whether the respondent authorities have considered the ground reality as submitted by the petitioner.
Colour shows how this judgement treated each authority
Nand Kishore Sharma v. State of BiharExplained¶3
Nand Kishore Sharma v. State of Bihar, CWJC No.6409 of 2006
1 provisions across 1 enactments
Ramanand Sharma
The State Of Bihar Through The Principal Secretary, Science And Technology Department
The Director, Science and Technology Department
The Principal, Bhagalpur College Of Engineering
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
