Disposed

Animesh Kumar and Ors. v. The State Of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt. Of Bihar Patna and Ors.

Patna HC25 Jan 2017MJC/3487/2015

Case brief

AI extract

What is this about?

The High Court dismissed an application for contempt alleging violation of a prior writ order (C.W.J.C. No. 12659 of 2013) concerning Class-IV post appointments. The court declined to examine the merits, granting liberty to air grievances in other proceedings before disposing the matter.

What did the court decide?

The application was disposed of; Court declined to examine merits and granted liberty to approach authorities or Court in appropriate application.

Animesh Kumar and Ors. Vs The State Of Bihar Through… — Service and Employment | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3487 of 2015

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Civil Writ Jurisdiction Case No. 12659 of 2013

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

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Animesh Kumar S/O Late Latru Prasad Yadav R/O Village + P.O. - Baisa, P.S. - Parbatta, Distt. - Khagaria

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Indu Bhushan Kumar S/O Sri Uttamlal R/O Village And P.O. - Alauli, P.S. - Alauli, Dist. Khagaria

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Devendra Kumar Dhiraj S/O Late Nathanan Sharma R/O Village + P.O. - Baisa, P.S. - Parbatta, Distt. - Khagaria

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Md. Ziyaul Haque S/O Md. Awawatuddin R/O Village Mansigharari, P.O. + P.S. - Mansi, Dist. Khagaria

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Rajiv Kumar S/O Sri Kamleshwari Pd. Singh R/O Village And P.O. - Sanhauli, P.S. And Dist. Khagaria

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Tuntun Paswan S/O Late Ram Sharan Paswan R/O Village - Bakiya, P.O. - Faraih, P.S. - Chautham, Distt. - Khagaria

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Birendra Kumar Das S/O Sri Kishori Mohan Das R/O Village + P.O. + P.S. - Bihpur, Distt. - Bhagalpur

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Md. Kiyamuddin S/O Md. Kamaluddin R/O Village Mansigharari, P.O. + P.S. - Mansi, Dist. Khagaria

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Vijay Kumar Sah S/O Sri Bilat Sah R/O Village - Chatra, P.O. - Mansi, P.S. - Muffasil, Dist. Khagaria

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Kailash Poddar S/O Sri Dhaniklal Poddar R/O - Village - Chatra, P.O. - Mansi, P.S. - Muffasil, Distt. - Khagaria

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Sunil Kumar Ram S/O Late Sonelal Ram R/O Village + P.O. - Bishnupur Aahok, P.S. - Sahahpur Kamal, Distt - Begusarai

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Gurudeo Thakur S/O Sri Ram Swaroop Thakur R/O Village - Chandra Nagar (Rako), P.O. - Koshi College, P.S. Muffasil, Dist. Khagaria

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Alok Kumar S/O Late Sukhdeo Pandit R/O Village - Mansahidpur, P.O. + P.S. - Parbatta, Dist. Khagaria

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Ashok Kumar Mahto S/O Late Banit Mahto R/O Village - Dhari Aas, P.O. - Bhadas, P.S. - Muffasil, Distt - Khagaria

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Gautam Kumar S/O Sir Satya Deo Ram R/O Village + P.O. Sansarpur, P.S. - Muffasil, Distt. - Khagaria

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Vidya Nand Prasad Verma S/O Late Yamuna Pd. Verma R/O Village - Chandra Nagar, Rako, P.O. - Koshi College, P.S. - Muffasil, Distt. - Khagaria

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Kishor Kumar S/O Sri Vijay Kumar R/O Village - Chandra Nagar, Rako, P.O. - Koshi College, P.S. - Muffasil, Distt. - Khagaria

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Rishi Kant Singh S/O Sri Prabhu Narain Singh R/O Village - Hardas Chak, P.O. - Koshi College, P.S. - Muffasil, Distt. - Khagaria

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Arvind Kumar S/O Late Ram Chandra Prasad R/O Village + P.O. - Rako Dih, P.S. + Distt. - Khagaria

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Khajanchi Sah S/O Late Shivadhin Sah R/O Village Parmanandpur, P.O. Kashi College, Dist. Khagaria

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Ram Naresh Paswan S/O Sri Rameshwar Paswan R/O Village - Mansi Aria, P.S. + P.O. - Mansi, Distt. Khagaria

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Hari Om Kumar S/O Late Kamleshwar Goghri R/O Mohalla - Hajipur Ward No. 10, P.S. + Distt . - Khagaria

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.... .... Petitioner/s

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Versus

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Patna High Court MJC No.3487 of 2015 (3) dt.25-01-2017

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The State of Bihar through Sri Anjani Kumar Singh, the Chief Secretary, Government of Bihar, Patna.

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Dharmendra Singh Gangwar, son of not known to the petitioner, Chief Secretary, Personnel and Administrative Department, Govt. Of Bihar, Patna

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Liyang, Kunga, son of not known to the petitioner, Commissioner, Munger Division, Munger

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Saket Kumar, son of not known to the petitioner, Collector-CumDistrict Magistrate, Khagaria

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Abdul Bahab Ansari, son of not known to the petitioner, Deputy Development Commissioner, Khagaria

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Kaushal Kishore Mishra, son of not known to the petitioner, District Welfare Officer, Khagaria

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Durga Nand Jha, son of not known to the petitioner, Additional Collector, Establishment, Khagaria

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Shiv Kumar Shaiv, son of not known to the petitioner, Sub-Divisional Officer, Khagaria

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Santosh Kumar, son of not known to the petitioner, Sub-Divisional Officer, Gogri, Khagaria

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Siyaram Singh, son of not known to the petitioner, Additional Collector, Nazarat, Khagaria

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Prabhat Kumar, son of not known to the petitioner, Treasury Officer, Khagaria

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Surendra Kishore Thakur For the Respondent/s : Mr. Syed Md. Najmul Bari, AC to SC 20

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====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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3 25-01-2017

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The instant contempt application has been filed for

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alleged violation of order, dated 08.10.2015, passed in C.W.J.C. No. 12695 of 2013.

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The petitioners filed writ application for directing the respondent authorities to appoint them on Class-IV vacant post from the panel prepared in the year 2008 in the district of Khagaria in the light of direction by the Government. More so, as the name of the petitioners also figured in the fresh panel prepared

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Patna High Court MJC No.3487 of 2015 (3) dt.25-01-2017

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in the year 2012. On 08.10.2015, the writ application was disposed of with the following terms:

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“Petitioners in suppl. Affidavit submit that similarly situated matters have already been disposed of on 6.8.2015 & 10.8.2015, passed in C.W.J.C. Nos. 9486 & 9778 of 2008 respectively.

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The instant writ petition is disposed of in terms of aforesaid orders, if the facts of the case are substantially same.

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The orders, dated 06.08.2015 & 10.8.2015, passed in C.W.J.C. Nos. 9486 & 9778 of 2008, are also quoted herein below for easy reference:

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C.W.J.C. No. 9486 of 2008

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“In view of subsequent decisions and development, which is reflected in Annexures 12, 13 and 14 annexed with the rejoinder application, let the respondent authorities take a decision in the light of the above.

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Writ is disposed of with the above observation.

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C.W.J.C. No. 9778 of 2008

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Counsel for the petitioner informs the Court that a new panel has been prepared even in the year 2012. Name of the petitioner finds mentioned therein. If that be so, claim of the petitioner will be considered in terms of the parameters in relation to such selection and appointment.

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Writ is disposed of with the above observation.”

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Patna High Court MJC No.3487 of 2015 (3) dt.25-01-2017

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Learned counsel submits that the opposite parties have erroneously rejected the claim of the petitioners on the premise that they are daily wagers. He further asserts that the petitioners are not daily wagers and, as such, the opposite parties ought to have reconsidered their cases again.

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As the Court has limited scope in contempt application, this Court would not enter into the merit of the submissions of either party. However, the petitioners would be at liberty to ventilate their grievances before the opposite parties or even before this Court in appropriate application.

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With the liberty aforesaid, this application stands

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disposed of.

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(Samarendra Pratap Singh, J.)

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Uday/-

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Animesh Kumar and Ors. v. The State Of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt. Of Bihar Patna and Ors.

Case brief

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Animesh Kumar and Ors. v. The State Of Bihar Through Sri Anjani Kumar Singh The Chief Secretary Govt. Of Bihar Patna and Ors.

Case brief

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