Dismissed

Vijay Kumar v. the State of Bihar and Ors.

Patna HC25 Mar 2015CWJC/7348/2008

Case brief

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This court dismissed a second writ petition filed by the petitioner, invoking Article 226, to quash an order terminating his government service. The court held the petition not maintainable as the petitioner had previously approached this court for the same relief, which was disposed of in an earlier order, noting that the earlier stance allowed for payment of any unpaid emoluments if work was per

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AI extract

Vijay Kumar Vs the State of Bihar and Ors. — Service and Employment | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.7348 of 2008

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====================================================== Vijay Kumar, s/o Shri Bhola Prasad Mahto, resident of village – Narepur West, P.O. and P.S. bachhwara, District - begusarai .... .... Petitioner/s Versus 1. The State of Bihar through the Director of Agriculture, Bihar, Patna 2. The Joint Director of Agriculture (Jute) Bihar at Purnia 3. Deputy Director of Agriculture (Jute) Samastipur at Pusa 4. Assistant Jute Development Office, katihar 5. the District Officer – cum-District Magistrate, katihar .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arbind Kumar Sharma Mr. Saroj Kumar Sharma

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For the Respondent/s :

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER

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4 25-03-2015 Heard Sri Arvind Kumar Sharma, learned counsel for the petitioner and learned AC to AAG No. 2.

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The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution Of India, has prayed for quashing of an order dated 9.8.2002 contained in Annexure – 6 to the writ petition whereby service of the petitioner was terminated by the Joint Director of Agriculture, Purnea on the ground that appointment of the petitioner was illegal.

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Learned counsel for the petitioner tried to persuade the court that in respect of other similarly situated persons this court has granted relief, and as such, he makes a prayer for granting same relief to the petitioner.

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Patna High Court CWJC No.7348 of 2008 (4) dt.25-03-2015

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Learned AC to AAG No. 2 at the very outset has pointed out that in the supplementary affidavit filed by the petitioner, he himself admits that earlier the petitioner had approached this court by filing a writ petition vide C.W.J.C. No. 5333 of 2004 which stood disposed of in terms of the order dated 8.5.2003 passed in C.W.J.C. No.7938 of 2002 ( Prem Kumar Rai & Another Vs. State of Bihar & Ors.). He further points out that the case of Prem Kumar Rai and others basing on which the writ petition of the petitioner was disposed of was virtually dismissed by a bench of this court vide Annexure - 2 to the supplementary affidavit filed on behalf of the petitioner on 19^th June, 2014. I have also perused both the orders i.e. order passed in the case of petitioner i.e. C.W.J.C. No. 5333 of 2004 and order passed in C.W.J.C. No. 7938 of 2002 which are Annexures - 1 and 2 respectively to the supplementary affidavit. On perusal of the Annexure - 2 it is evident that writ petition stood dismissed. However, this court observed that if any work has been taken from the petitioners for which no emoluments have been paid , then the respondent will pass appropriate order for payment of the emoluments.

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The court is of the opinion that once for the same relief the petitioner approached this court and the writ petition was

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Patna High Court CWJC No.7348 of 2008 (4) dt.25-03-2015

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disposed of in terms of an order which was passed in the writ petition which was already dismissed, the court is of the opinion that second writ petition is not maintainable.

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The writ petition stands dismissed.

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(Rakesh Kumar, J)

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Praful/-

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Vijay Kumar v. the State of Bihar and Ors.

Case brief

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Vijay Kumar v. the State of Bihar and Ors.

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