Patna High Court
Anjani Kumar Sharma And Ors vs The State Of Bihar And Ors on 5 March, 2019
Equivalent citations: AIRONLINE 2019 PAT 1176
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3982 of 2019
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1. Anjani Kumar Sharma S/o Suresh Sharma Resident of Saket puri
Colony,Katari Hill Road,Gaya,P.O.-GPO,Gaya,P.S.-Rampur,Dist.-Gaya and
at present Junior Engineer,Nagar Panchayat,Tekari,in Dist.-Gaya
2. Shailendra Kumar Sinha S/o Jaiballabh Prasad Sinha Presently residing at H/
of Shakoor Khan (Advocate),White house Compound,Gali No.6,Gaya and
permanent resident of Ishwari Sadan,Club Road,V.C. Lane,P.O.-Ramna,P.S.
Mithanpura,Muzaffarpur,at present Incharge Assistant Engineer,Gaya
Municipal Corporation Gaya
3. Subodh Kumar Singh S/o Kedar Nath Singh Presently residing at
Kusmalay,M.I.G. 103,Near A.P. Colony,Asha Singh More,H.B colony,Gaya
and permanent Resident of Village-Hasanpur,P.O. Chakand,P.S.
Chandauti,Dist.-Gaya,at present Junior Engineer,Gaya Municipal
Corporation,Gaya
4. Deo Nandan Prasad S/o Late Yadu Nandan Prasad Presently residing at
House No.1009,Raj Kumar Nagar,Dandi Bagh,Gaya and Permanent
Resident of At-Malawan,Via-Hilsa,P.O.-Yogipur,P.S.-Hilsa,Dist.-Nalanda,at
present Junior Engineer,Gaya Municipal Corporation,Gaya
5. Kishore Prasad S/o Late Ram Prasad Sinha Presently residing Near Awasiya
Bal Vidya mandir,Dandi bagh, Gaya and permanent resident of At-
Asharhi,P.O.-Asharhi, Via Hilsa,P.S.-Hilsa,Dist.-Nalanda at Present Junior
Engineer,Gaya Municipal Corporation,Gaya
6. Ajay Kunar Singh S/o Late Subheshwar Singh Presently residing near Shiv
Mandir tilha,Mahavir Sthan,Beldari tola,Gaya and permanent resident of
Village and P.O.-Diha,P.S.-Guraru,Dist.-Gaya, at present Junior
Engineer,Gaya Municipal Corporation,Gaya
7. Francis Barla S/o Late Benjamin Barla, Presently residing at 22, C/o
Shankar Kumar Sinha,West Church Road, Opposite Sai Mandir,Profesir
Colony,Gaya and permanent resident of Village-Musurmu,P.O.-
Ramgarh,P.S. Chanpur,Dist.-Palamu,State of Jharkhand,at present Junior
Engineer,Gaya Municipal Corporation,Gaya
8. Manoj Kumar S/o Late Mohan Sharma Resident of 267,Laxman Sahay
Lane,Gol Bagichha,Gabara,Near Guru Nanak School,P.s.-Civil
Lines,Gaya,at present Incharge Assistant Engineer,Gaya Municipal
Corporation,Gaya
9. The Principal Secretary, Urban Development and Housing Department,Govt.
of Bihar,Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary,Urban Development and
Housing Department,Govt. of Bihar,Patna
2. The Chief Secretary, Govt. of Bihar
3. The Principal Secretary, Urban Development and Housing Department,Govt.
of Bihar,Patna
Patna High Court CWJC No.3982 of 2019 dt.05-03-2019
2/4
4. The Bihar Urban Infrastructure Development Corporation,2nd
Floor,Khadya-Bhawan,Road No.2,Daroga Pd. Rai Path,R-Block,Patna-
800001,Bihar,through its Chairman
5. The Managing Director, Bihar Urban Infrastructure Development
Corporation,2nd Floor,Khadya-Bhawan,Road No.2,Daroga Pd. Rai Path,R-
Block,Patna-800001,Bihar,through its Chairman
6. Sri Abhisekh Singh, District Magistrate,Gaya
7. The Gaya Municipal Corporation, Gaya,through its Municipal
commissioner.
8. The Nagar Panchayat, Tekari,Gaya,through its Executive Officer,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Akashdeep
For the Respondent/s : Mr. Subash Prasad Singh (GA3)
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL JUDGMENT
Date : 05-03-2019 Heard the learned counsel for the petitioners and the State.
The petitioners, who are posted as Junior Engineers in various municipal bodies in the district of Gaya, are aggrieved by the decision of the government in coming out with a unified integrated cadre of Engineers who would also be assigned the work of municipal body but the services of the petitioners have not been included in the aforesaid unified cadre of Engineers.
Mr. Akashdeep, learned counsel for the petitioners, has submitted that with the creation of such unified cadre, to Patna High Court CWJC No.3982 of 2019 dt.05-03-2019 3/4 the exclusion of the services of the petitioners, has only resulted in a situation where the petitioners / Engineers working in the municipal bodies would get their salary without any work as the work shall be assigned to the unified cadre of Engineer. Apart from this, Mr. Akashdeep, learned advocate for the petitioners, has also tried to impress upon this Court that the State, as a model employer, ought to look into the grievances of the petitioners, who are also government servants as they are employed, though in municipal bodies, but directly under the control of Urban Development and Housing Department, Government of Bihar, Patna but they, by creation of the unified cadre, have been rendered completely high and dry so far as the promotional avenues are concerned.
Learned counsel for the petitioners further submits that the petitioners have filed representations with respect to their grievances but the same have fallen on deaf ears.
In the aforesaid facts and circumstances, the petitioners are directed to make a fresh / detailed representation before the Principal Secretary, Urban Development and Housing Department, Government of Bihar, Patna High Court CWJC No.3982 of 2019 dt.05-03-2019 4/4 Patna within a period of four weeks from today, who, on receipt of the same, shall dispose it off by a reasoned order within a period of four weeks thereafter, taking into account the grounds and the reasons urged therein.
With the aforesaid observation / direction, this petition stands disposed off.
(Ashutosh Kumar, J) skm/-
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