Patna High Court
Sudhesh Kumar & Ors vs Syed Mashiullah & Ors on 21 February, 2017
Author: Ajay Kumar Tripathi
Bench: Ajay Kumar Tripathi, Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1412 of 2013
IN
Civil Writ Jurisdiction Case No. 2790 of 2011
===========================================================
1. Sudhesh Kumar S/O Late Ram Sanjeevan Singh Resident Of Village & P.O-
Jihuli, Police Station- Patahi, District- East Champaran
2. Ashok Kumar Jha Shri Kishori Jha Resident Of Village- Kapurpur, Police
Station- Kanti, District- Muzaffarpur.
3. Basisht Prasad S/O Radheshyam Prasad Resident Of Village & Police Station
Madanpur, District- Aurangabad.
4. Suman S/O Shri Chintahara Singh Resident Of Village Baruari, Police Station-
Gaighat, District- Muzaffarpur.
5. Gulab Chandra Prasad S/O Shital Prasad Resident Of Village Hariharganj, Police
Station- Nasriganj, District- Rohtas.
.... .... Appellant/s
Versus
1. Syed Mashiullah S/O Late Syed Inaitullah Resident Of New Colony Digha, P.S-
Digha, District And Town Patna.
2. Ugra Nath Choudhary S/O Late Kamaldeo Choudhary Resident Of Shivajinagar,
Mukhdanpur, P.S- Digha, District And Town Patna.
3. Md. Anwar Iqbal Khan S/O Late Md. N. Yusuf Resident Of P.C. Colony, P.S-
Kankerbagh, District And Town Patna.
4. Md. Shafiullah Khan S/O Late Md. Nasrullah Khan Resident Of Samanpura,
P.O- B .V. College, P.S- Shastrinagar, District & Town, Patna.
5. Satyendra Kumar S/O Late Dahu Choudhary Resident Of Raja Bazar, P.S-
Airport, P.O- B.V. College, District And Town, Patna.
6. The State Of Bihar Through The Secretary, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
7. Director, Animal Husbandry Department, Government Of Bihar, New
Secretariat, Patna.
8. Sri Sudhir Kumar Prabhat S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
9. Sri Md. Manuar Alam Mallik S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
10. Sri Binodanand Jha S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
11. Sri Devendra Prasad Karn S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
12. Sri Ram Binay Kumar S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
13. Sri Indra Kumar Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
14. Sri Ramesh Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
15. Sri Rama Kant Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
16. Sri Shambhu Prasad Gupta S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
17. Sri Abhirajan Verma S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
18. Sri Md. Makiuddin S/O Not Known Director, Animal Husbandry Department,
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
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Government Of Bihar, New Secretariat, Patna.
19. Sri Pawan Kumar Gupta S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
20. Sri Anil Kumar Jha S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
21. Sri Rama Nand Srivastava S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
22. Sri Jai Nath Prasad Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
23. Sri Ramesh Sharma S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
24. Sri Sudhir Chandra Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
25. Sri Ramjee S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
26. Sri Dinesh Thakur S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
27. Sri Shatrughan Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
28. Sri Ramesh Pandey S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
29. Sri Binod Kumar Srivastava S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
30. Sri Rakesh Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
31. Sri Vijay Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
32. Sri Ram Sakal Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
33. Sri Vijay Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
34. Sri Radha Raman Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
35. Sri Dinesh Kumar Mishra S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
36. Sri Hari Narayan Sah S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
37. Sri Sanjay Kumar Gupta S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
38. Sri Uma Shankar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
39. Sri Mohan Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
40. Sri Agam Kumar Sinha S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
41. Sri Girja Nandan Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
42. Sri Lavlesh Prasad Verma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
43. Sri Bhairo Nath Dwivedi S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
44. Sri Birendra Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
45. Sri Ajay Kumar Pathak S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
3/13
46. Sri Triveni Thakur S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
47. Sri Sanjay Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
48. Sri Jaduwar Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
49. Sri Jawahar Lal Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
50. Sri Anil Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
51. Sri Amalesh Sharma S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
52. Sri Vijay Nandan Pandit S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
53. Sri Satendra Ram S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
54. Sri Sudhir Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
55. Sri Md. Asim Akhtar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
56. Sri Bhubaneshwar Kumar Bhaskar S/O Not Known Director, Animal
Husbandry Department, Government Of Bihar, New Secretariat, Patna.
57. Sri Amresh Kumar Pankaj S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
58. Sri Brajesh Kumar Jha S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
59. Sri Dev Kumar Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
60. Sri Srawan Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
61. Sri Arun Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
62. Sri Sanjay Kumar Verma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
63. Sri Anil Kumar Sinha S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
64. Sri Anil Kumar Bhagat S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
65. Sri Niranjan Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
66. Sri Ram Binod Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
67. Sri Shyam Kishore Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
68. Sri Keshav Kumar Shahi S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
69. Sri Shiv Nandan Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
70. Sri Hari Kishore Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
71. Sri Rajendra Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
72. Sri Arun Kumar Parveen S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
73. Sri Suresh Prasad S/O Not Known Director, Animal Husbandry Department,
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
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Government Of Bihar, New Secretariat, Patna.
74. Sri Rama Kant Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
75. Sri Narendra Prasad Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
76. Sri Ashok Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
77. Sri Shailendra Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
78. Sri Ravindra Ram S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
79. Sri Hirday Paswan S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
80. Sri Shivji Paswan S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
81. Sri Ashok Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
82. Sri Ashok Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
83. Sri Kishore Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
84. Sri Harihar Sajarmo S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
85. Sri Sarvesh Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
86. Sri Bhogendra Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
87. Sri Chandra Deb Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
88. Sri Sitaram Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
89. Sri Satya Narain Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
90. Sri Sadeo Sao S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
91. Sri Adity Manjhi S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
92. Sri Pramod Kumar Srivastava S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
93. Sri Bharat Paswan S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
94. Sri Arujun Rai S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
95. Sri Sanjay Kumar Jaiswal S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
96. Md. Tahir Hussain Ansari S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
97. Sri Md. Izaz Akhtar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
98. Sri Sanjay K Umar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
99. Sri Krishna Murari S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
100. Sri Madan Singh S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
5/13
101. Sri Nand Lal Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
102. Sri Dilip Kumar Gupta S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
103. Sri Ramesh Singh S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
104. Sri Ashok Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
105. Sri Ram Awtar Mistry S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
106. Sri Quaim Alam S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
107. Sri Sachidanand Biswas S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
108. Sri Suchit Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
109. Sri Gyani Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
110. Sri Sunil Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
111. Sri Md. Amin Ansari S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
112. Sri Akshay Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
113. Sri Braj Kishore Thakur S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
114. Sri Gyani Ram S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
115. Sri Bijendra Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
116. Sri Suresh Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
117. Sri Satyendra Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
118. Sri Rajendra Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
119. Sri Ashok Kumar Jha S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
120. Sri Md. Abdul Matin S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
121. Sri Suresh Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
122. Sri Binod Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
123. Sri Bhuleshwar Bhagat S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
124. Md. Abbas S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
125. Sri Bindyas Tyggai S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
126. Sri Satyendra Paswan S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
127. Smt. Sandhya Srivastava S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
128. Sri Bharat Bhushan Ram S/O Not Known Director, Animal Husbandry
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
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Department, Government Of Bihar, New Secretariat, Patna.
129. Sri Kauleshwar Ram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
130. Sri Akaldeo Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
131. Sri Ganesh Baitha S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
132. Sri Suresh Paswan S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
133. Sri Rajendra Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
134. Sri Shatrughan Ram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
135. Sri Ram Prayag Ram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
136. Sri Bhagwan Das Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
137. Sri Ram Krishna Ram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
138. Sri Raj Kumar Paswan S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
139. Sri Dineshwar Choudhary S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
140. Sri Ram Pravesh Paswan S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
141. Sri Brij Bihari Ram S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
142. Sri Surendra Ram S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
143. Sri Mani Poddar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
144. Ri Pradeep Minz S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
145. Sri Premalaya Bakhde S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
146. Sri Santosh Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
147. Sri Jamina Topo S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
148. Sri Banadie S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
149. Sri Dhanilal Mandal S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
150. Sri Bindya Topo S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
151. Sri Shiv Nandan Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
152. Sri Joseph Topo S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
153. Sri Kailash Chaurasai S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
154. Sri Binod Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
155. Sri Kalyan Hembram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
7/13
156. Sri Mukesh Mihir Kujur S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
157. Sri Hare Ram Sah S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
158. Sri Feklin Hembram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
159. Sri Jasias Bare S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
160. Sri Umesh Chandra Nayak S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
161. Sri Ram Naresh Oraon S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
162. Sri Lakhi Ram Paharia S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
163. Sri Braj Kishore Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
164. Sri Ram Naresh Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
165. Arbind Kumar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
166. Sri Sudhir Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
167. Sri Md. Jenaul Abadil S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
168. Sri Binod Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
169. Sri Mod Nath Thakur S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
170. Sri Abhay Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
171. Sri Ramashray Singh Yadav S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
172. Sri Surajdeo Pandey S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
173. Sri Jitendra Pathak S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
174. Sri Bipin Kumar Lal S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
175. Sri Shiv Sankar Singh S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
176. Sri Ashok Kumar Verma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
177. Sri Ram Pravesh Pandit S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
178. Sri Parma Nand Bhagat S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
179. Sri Birendra Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
180. Sri Ram Sakal Das S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
181. Sri Ram Swaroop Bind S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
182. Sri Ram Sunder Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
183. Sri Uttam Prasad S/O Not Known Director, Animal Husbandry Department,
Patna High Court LPA No.1412 of 2013 dt.21-02-2017
8/13
Government Of Bihar, New Secretariat, Patna.
184. Sri Md. Isha S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
185. Sri Ashok Kumar Mandal S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
186. Sri Kamal Deo Paswan S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
187. Sri Balram Rajak S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
188. Sri Sunil Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
189. Sri Rajendra Prasad S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
190. Sri Ashok Kumar S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
191. Sri Madan Chandra Ram S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
192. Sri Arun Oraon S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
193. Sri Kamal Prasad S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
194. Sri Mahesh Marandi S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
195. Sri Rasika Pigua S/O Not Known Director, Animal Husbandry Department,
Government Of Bihar, New Secretariat, Patna.
196. Sri Mirdula Kumar Sharma S/O Not Known Director, Animal Husbandry
Department, Government Of Bihar, New Secretariat, Patna.
.... .... Respondent/s
===========================================================
Appearance :
For the Appellant/s :
Mr. Uma Kant Shukla,
Mr. Shakti Suman Kumar
For the Respondent/s : Mr. Swapnil Kumar Singh, A.C. to G.P. 19
===========================================================
CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
and
HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 21-02-2017 I.A. No. 7962 of 2013 has been filed for condonation of delay of 5 days in filing the Letters Patent Appeal.
2. For the reasons mentioned in the Interlocutory Application, the delay in filing the present Letters Patent Appeal is Patna High Court LPA No.1412 of 2013 dt.21-02-2017 9/13 condoned. I.A. No. 7962 of 2013 is, accordingly, allowed.
Re : L.P.A. No. 1412 of 2013.
3. The challenge in the present Letters Patent Appeal is to an order dated 19.08.2013 passed by the learned Single Judge in C.W.J.C. No. 2790 of 2011 whereby the writ application filed by the respondents 1st set was allowed.
4. Since the writ application of the five private respondents, who were petitioners before the learned Single Judge, was allowed and the gradation list which was published by the Director, Animal Husbandry Department after drastic revision to the earlier gradation list dated 01.08.2006 was set aside, these appellants decided to file the present Letters Patent Appeal.
5. Many a submissions are made by the learned counsel representing the appellants that the decision of the learned Single Judge is erroneous because he overlooked the basic fact that these appellants were appointed after a direct recruitment by the competitive examination whereas the private respondents, who were petitioners in the writ application, were compassionate appointees and they were supposed to be on probation for a period of three years and, therefore, they became junior to these appellants and that is the rectification which had been done by revising the earlier gradation list vide order dated 26.11.2010 which was subject matter of challenge before the learned Single Judge.
Patna High Court LPA No.1412 of 2013 dt.21-02-2017 10/13
6. The learned Single Judge after considering the contentions made at the Bar had thus opined in the impugned order at paragraphs 15 to 19 as follows :
"15. Normally, the final gradation list published after notifying for objections and considering them is not to be revised unless there are certain mistakes apparent on the face of the list. It can normally be revised only upon judicial determination of any legal infirmity otherwise the sanctity attached to a final gradation list would be lost. Each time an Officer or a group of Officers who either changed their views or are persuaded to change opinion, the final gradation list would be revised and the revised final gradation list would again be revised loosing finality and sanctity, which is not permissible. Thus, there was no authority much less legal authority to revise the final gradation list published on 01.08.2006.
16. The second justification sought to be given by the respondent-State including the private-respondents is that the appointment of the private-respondents was pursuant to decision taken by the State in the year 1986. The results were published, pursuant to Court's order, after revision in the year 1991. Therefore, their appointment having been delayed, their recruitment process having started much earlier, they would rank senior notwithstanding they having entered the cadre much later. Reliance is placed on Clause-3 of the notification of the State Government of the year 1972, as referred to above. This again, in my view, is fallacious. What Clause-3 in fact talks is of appointments from different sources being made in the "same transaction". The circular itself defines what would be "same transaction". Same transaction means where a decision to make appointment from both the sources are taken together or at the same time and the process of appointment from two sources being different, one source gets appointed earlier or before the other. In this connection, I may refer to Full Bench judgment of this Court in the case of Bishundeo Mahto & Ors. Vs. The State of Bihar & Ors.. since reported in 1982 BBCJ 45 wherein the Patna High Court LPA No.1412 of 2013 dt.21-02-2017 11/13 Full Bench clearly held that though ultimate appointment may be at different dates they must be pursuant to singular decision taken at a point of time to qualify as appointment in same transaction. This is admittedly not the fact obtaining in the present case. Petitioners were compassionate appointees. They were neither direct recruits nor promotees. Decision to appoint them was not taken in 1986. Decision to appoint them on compassionate grounds were independent and distinct from the decision taken to appoint the private respondents. The rule of appointment in same transaction would not at all apply.
17. I may note one thing at this juncture that virtually the plea of private-respondents is that but for the delay in process of selection or implementation of the decision to appoint them, they would have entered the cadre earlier and as such they must rank senior to the petitioners. This is not acceptable. Virtually, identical argument was rejected by this Court in the case of Sri Birendra Kumar Sinha & Ors. Vs. The State of Bihar & Ors., since reported in 1989 PLJR 925 and in particular paragraph 9 thereof their Lordships while so holding followed the earlier Division Bench judgment of this Court in the case of Ram Swaroop Das & Ors. Vs. The State of Bihar & Ors, since reported in 1989 PLJR 143. Thus, the argument that petitioners and the private-respondents were appointed in course of same transaction is wholly untenable. Delay in appointment will not enure to respondents benefit to give them seniority over earlier appointed petitioners. Here, I may note that this misconceived advice was obtained by the Animal Husbandry Department from the Personnel Department long after the final gradation list had been published, which was virtually a camouflage to justify revision which was otherwise impermissible.
18. In fairness to learned counsel for the private respondents, I must note that a feeble argument was made though not persuaded ultimately that petitioners were apparently appointed in excess of quota reserved for compassionate appointees and thus their very appointment was wrong. Firstly, Patna High Court LPA No.1412 of 2013 dt.21-02-2017 12/13 no empirical data to establish this was brought on record. Secondly and more importantly, for almost two decades no body challenged their appointment which was in 1989/1990 nor even in the present writ petition is there a challenge to the appointment of the petitioners. Private-respondents did not raise any such objection when the provisional gradation list was published in 2005 in which private respondents were shown junior to the petitioners. They had accepted the position when the final gradation list was published in 2006. It is only now feebly this point was raised after more than two decades. Such belated challenge cannot be entertained. Thus, there is no legal justification for revising the final gradation list much less without notice to parties likely to be effected.
19. Thus, the impugned revised final gradation list dated 26.11.2010 (Annexure-1) cannot be sustained and is hereby set aside. The result would be that final gradation list as published on 01.08.2006 (Annexure-5) revives and would be deemed to be operative at all times. Consequently, all actions taken by State, pursuant to the revised final gradation list (Annexure- 1) in granting promotions to the private-respondents to the prejudice of the petitioners cannot be sustained nor denial of promotions due to the petitioners on the basis of the final gradation list dated 01.08.2006 be sustained. They must get their promotions from due date accordingly with full monetary benefits and other consequential benefits treating them as senior to the private-respondents. These adjustments must be done within three months, the responsibility whereof will be on the Director, Animal Husbandry, Government of Bihar, Patna."
7. With the finding as above, the learned Single Judge committed no error of law by quashing the revised gradation list contained in annexure-1 to the writ application and restoring the final gradation list dated 01.08.2006.
Patna High Court LPA No.1412 of 2013 dt.21-02-2017 13/13
8. For record, it is clarified that merely because a person is kept on probation for whatever be the period of time, once he is confirmed in service, it will always relate back to his initial appointment and that cannot be altered or shifted to a subsequent date ignoring the period of probation. It is a misplaced kind of submission to overcome the finding given by the learned Single Judge.
9. The present Letters Patent Appeal has no merit. It is dismissed as such.
(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Amin/-
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