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Patna High Court - Orders

Raj Kishor Kumar And Ors vs The State Of Bihar And Ors on 27 February, 2019

Author: Madhuresh Prasad

Bench: Madhuresh Prasad

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.20284 of 2016
                 ======================================================
           1.     Raj Kishor Kumar and Ors S/o Gauri Shankar Sah Resident of Village-
                  Ladaura, P.O. -Ladaura Pakri, P.S.- Kurhani, District- Muzaffarpur, Ref No.-
                  PDD/081122.
           2.    Bablu Kumar Sharma S/o - Ram Naresh Sharma Resident of Village-
                 Ladaura, P.O. -Ladaura Pakri, P.S.-Kudhani, District- Muzaffarpur, Ref No.-
                 PDD/275977..
           3.    Md. Alay S/o - Md. Wazid Alam Resident of Village- Ladaura, P.O.
                 -Ladaura Pakri, P.S.- Kurhani, District- Muzaffarpur, Ref No.- PDD/108882.
           4.    Md. Ahsan S/o- Md. Taslim Resident of Village- Ladaura, P.O. -Ladaura
                 Pakri, P.S.- Kudhani, District- Muzaffarpur, Ref No.- PDD/104606.
           5.    Md. Parwej Alam S/o Md. Serajuddin Resident of Village- Ladaura, P.O.
                 -Ladaura Pakri, P.S.- Kudhani, District- Muzaffarpur, Ref No.-
                 PDD/104882.
           6.    Santosh Kumar S/o- Pawan Sah Resident of Village- Shankarpur, P.O. Susta
                 MOhammadpur, P.S.- Sakra, District- Muzaffarpur, Ref No. - PDD/00545.
           7.    Upendra Prasad Singh S/o - Prahalad Prasad Singh@Prahlad Prasad Singh
                 Resident of Village- Bhawanipur, P.O. Dighri, P.S.- Surajgarha, District-
                 Lakhisarai, Ref No.- PDD/272861.

                                                                             ... ... Petitioners
                                                   Versus
           1.    The State Of Bihar through the Chief Secretary
           2.    The Principal Secretary Planning and Development Department, Govt. of
                 Bihar, Patna.
           3.    The Principal Secretary, Co-operative Department, Govt. of Bihar, Patna.
           4.    The Director Department of Planning and Development Directorate of
                 Economic and Statistics, Govt.
           5.    The Project Director Economics and Statistics Under Planning and
                 Development, Govt of Bihar, Patna.

                                                           ... ... Respondents
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Pankaj Kumar & Mr. Jitendra Kumar
                 For the Respondent/s   :      Mr. Akhileshwar Singh, AC to Ga2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
                                       ORAL ORDER

2   27-02-2019

The parties agree that in respect of other similar matters the issues have been decided in the proceedings arising Patna High Court CWJC No.20284 of 2016(2) dt.27-02-2019 2/2 out of C.W.J.C No. 11550 of 2016.

In that case this Court has without interfering with the cabinet resolution directed that if and when the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the petitioners' claim may also be considered for their engagement having regard to their experience gained and training undergone by them. In this regard the Court has directed that due weightage be given to the petitioners including age relaxation.

Since the issue stands decided in the said case, it is jointly submitted that in terms of the judgment passed in C.W.J.C. No. 11550 of 2016 similar observations may be made in favour of the petitioners.

In view thereof this Court has no hesitation in directing that in case the State would be in need of the services of the Accredited Statistical Volunteers (ASV) then the claim of these petitioners' may be considered having regard to their experience gained and the training undergone and even if State would decide to look for fresh aspirants, due weightage be given to the case of these petitioners including age relaxation.

Writ petition stands disposed off.

(Madhuresh Prasad, J.) SNkumar/-

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