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Patna High Court - Orders

The Speaker,Bihar Legislative vs Prakash Kumar Singh & Ors on 1 February, 2010

Author: Dipak Misra

Bench: Dipak Misra

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       LPA No.322 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                  SANJAY KUMAR SINGH & ORS
                               with
                       LPA No.318 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                   SANJEEV KUMAR-II & ORS
                               with
                       LPA No.319 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                 PRAKASH KUMAR SINGH & ORS
                               with
                       LPA No.320 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                    SUSHIL THAKUR & ORS
                               with
                       LPA No.323 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                     AJAY PASWAN & ORS
                               with
                       LPA No.325 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                LALIT NARAYAN PASWAN & ORS
                               with
                       LPA No.326 of 2008
       THE SPEAKER, BIHAR LEGISLATIVE ASSEMBLY & ORS
                             Versus
                      DILIP KUMAR & ORS
                            -----------

6.   1.2.2010

. Heard Mr. D.K.Sinha, learned senior counsel along with Mr. Narendra Kumar Jha, Advocate for the appellants and Mr. Rajendra Prasad Singh, learned senior -2- counsel along with Mr. Rajeev Kumar Singh, Advocate for the respondents.

In course of hearing of this batch of appeals apart from other issues which were highlighted by learned counsel for the parties the core questions that emerge for consideration, what is the sanctioned post in the cadre of Security Guards, Sweepers, Peons, Orderly Peons, Farashs, Drivers and Library Attendants; what was the working strength in respect of aforesaid posts, the day advertisements were published for filling-up of the said posts and what is the present strength in the aforesaid cadres.

To get the position clarified, we would like the Secretary, Bihar Legislative Assembly to file an affidavit in categorical terms. Be it clarified, the aforesaid filing of affidavit is without prejudice to the contentions to be raised by the learned counsel for the parties. The requisite affidavit, as directed hereinabove, be filed within ten days. Reply, if any, to the affidavit be filed within a week therefrom.

The appeals be listed for further hearing on 24th February, 2010. The appeals shall be taken-up at 2 PM. -3-

Mr. Narendra Kumar Jha, learned instructing counsel to Mr. Sinha, who represents the Bihar Legislative Assembly undertakes that none of the respondents herein shall be evicted from their quarters till the next date of hearing.

(Dipak Misra, CJ) (Mihir Kumar Jha, J) Pawan/-