Patna High Court
The State Of Bihar & Ors vs Pawan Kumar & Ors on 31 January, 2017
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.232 of 2016
Arising out of
Civil Writ Jurisdiction Case No. 15219 of 2015
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1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Government of Bihar,
Patna.
3. The Secretary, Rural Development Department, Government of Bihar, Patna.
4. The Deputy Secretary, Rural Development Department, Government of Bihar,
Patna.
5. Deputy Collector, Banka.
6. Deputy Development Commissioner-cum-Chief Executive Officer-cum-District
Programme Co-ordinator, District Rural Development Agency, Banka.
.... .... Appellant/s
Versus
1. Subodh Kumar Mishra Son of Shreedhar Mishra resident of village - Mahadeo
Simariya, P.S. - Sikandra, District - Jamui.
2. Raj kumar Son of Bishweshwar Prasad Mandal Resident of Banka, P.S. and
District - Banka.
3. Manoj Kumar Son of Bishweshwar Prasad Mandal resident of village Barichak,
Itawa, P.S. - Dharhara, District - Munger.
4. Ram Prakash Rai Son of late Asharfi Ray resident of village - Chapri,
Bhikhanpur, P.S. - Amarpur, District - Banka.
5. Bishnu Kumar Son of Avinash Prasad Sah resident of village - Radhanagar,
P.O. - Katoria, P.S. - Katoria, District - Banka.
6. Roshan Kumar Son of Rajendra Prasad Barnwal resident of Tetariya, P.S. -
Katoria, District - Banka.
7. Pramod Kumar son of late Udit Naryan Choudhary resident of Gopalpur,
Bahadurpur, Industrial Barari, Bhagalpur.
8. Arun kumar Son of Mahabir Prasad Baranwal resident of Chandan, P.S. -
Chandan, District - Banka.
9. Manoj Kumar Son of Brahmdeo Prasad Yadav resident of Banadih, P.O. -
Sohjama, P.S. - Gidhour, District - Jamui.
10. Balram Thakur Son of Bhim Thakur resident of Akagora, P.O. - Barahat, P.S. -
Barahat, District - Banka.
11. Milind kumar Jha Son of Nityanand Jha resident of village - Chhatrahar, P.O. -
Chhatrahar, P.S. - Shambhuganj, District - Banka.
12. Bashishth Kumar son of Jamuna Prasad Poddar resident of Chandan, P.S. -
Chandan, District - Banka.
13. Pramod Kumar Kisku son of Jaipal Kisku resident of village - Pipradih,
Basmata, P.S. - Belhar, District - Banka.
14. Sanjeev Kumar Chaudhary Son of Sri Bachchu Choudhary resident of village -
Raisar, P.O. - Basudeopur, P.S. - Kotwali, District - Munger.
15. Arjun Das Son of Shree Huro Das resident of village + P.O. - Supaha, P.S. -
Patna High Court LPA No.232 of 2016 dt.31-01-2017
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Katoria, P.S. - Katoria, District - Banka.
16. Sarfuddin Ansari Son of Md. Tayum Ansari Resident of village + P.O. -
Chandan, P.S. - Chandan, District - Banka.
17. Shailja Nand Jha Son of Jaideo Jha resident of village - Birma, P.O. - Singhnan,
P.S. - Amarpur, District - Banka.
18. Navin kumar Sinha son of late Rajendra Prasad Resident of Purani Bus Stand,
Banka, P.S. - Banka, District - Banka.
19. Binod Mandal son of Shyam Sundar Resident of village + P.O. - Katoria, P.S. -
Katoria, District - Banka.
20. Md. Shamim Ansari son of Md. Mahmood Ansari Resident of Telia, P.S. -
Barahat, District - Banka.
21. Naresh Das Son of Thanu Das resident of Charaiya Telwa Bazar, P.S. -
Simultalla, District - Jamui.
.... .... Respondent/s
with
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Letters Patent Appeal No. 252 of 2016
Arising out of
Civil Writ Jurisdiction Case No. 15509 of 2015
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1. The State Of Bihar
2. The Chief Secretary, Government of Bihar, Patna.
3. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.
4. The President, Bihar Rural Development Society, Rural Development
Department, Govt. of Bihar, Patna.
5. The District Magistrate, East Champaran at Motihari.
6. Deputy Development Commissioner, East Champaran at Motihari.
7. The Program Officer, Block - Madhuban, District - East Champaran at
Motihari.
8. The Program Officer, Block - Sugauli, District - East Champaran at Motihari.
9. The Program Officer, Block -Harsidhi, District- East Champaran at Motihari.
.... .... Appellant/s
Versus
1. Pawan Kumar Son of Sri Nagendra Tiwari, resident of village & P.O. -
Gawandra, P.S. - Chakia, District - East Champaran.
2. Arun Kumar Dwivedi, Son of Late Rameshwar Dwivedi, resident of street no.
6, Mohalla - S.K. Nagar, Motihari, District - East Champaran.
3. Shambhu Prasad Gupta, Son of Late Ram Lakhan Prasad, residing of near
S.N.S. College Gate, P.S. - Motihari Sadar, District - EastChamparan.
4. Dhiraj Kumar Son of Ramadhin Prasad, resident of village and post - Puna,
P.S. -Hilsa, District - Nalanda.
5. Firoj Ansari, Son of Moinuddin Ansari, resident of village - Jitaura, P.S. -
Madhupur, District - East Champaran.
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6. Neeraj Kumar, Son of Kamla Prasad, resident of village- Chakdaulat, P.O. -
Chandhari, P.S. - Ismpur, District - Nalanda.
7. Brajesh Ranjan, Son of Kailash Prasad, resident of village - Orail, P.O. -
Amethi, P.S. - Wazriganj, District - Gaya.
8. Raju Kumar Verma, Son of Late Vishwanath Prasad, resident of village, P.O.
& P.S. - Dawath, District - Rohtas.
.... .... Respondent/s
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Appearance :
(In both the appeals)
For the Appellant/s : Mr. Kaushal Kumar Jha, Advocate
Mr. Amish Kumar, Advocate
Mr. K.C. Jha, AC to AAG-8
For the Respondent/s :
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE ) Date: 31-01-2017 I.A. No.911 and 979 of 2016 in L.P.A. Nos.232 and 252 of 2016 The applications are for condonation of delay of 69 days in filing the Letters Patent Appeals.
2. For the reasons mentioned in the Interlocutory Applications, we are satisfied that the appellants have shown sufficient cause to seek condonation of delay in filing the present Letters Patent Appeals.
3. Consequently, Interlocutory Application Nos. 911 and 979 of 2016 in L.P.A. Nos.232 and 252 of 2016 are allowed and delay in filing the Letters Patent Appeals is condoned. Patna High Court LPA No.232 of 2016 dt.31-01-2017 4/5 L.P.A. Nos.232 and 252 of 2016 The challenge in the present Letters Patent Appeals is to an order passed by the learned Single Bench on 6th of October, 2015 in C.W.J.C. No. 15219 of 2015 whereby, Panchayat Rojgar Sewaks who abstained from duty in protest were directed to be reinstated till 31st of October, 2015 provided they submit a written individual apology and undertaking to their respective controlling authorities to the effect that they shall not go on strike in future and shall strictly abide by the terms and conditions as set out in their contractual agreement with DRDA. The learned Single Bench has passed the order in view of peculiar facts and circumstances of the case and on equitable considerations.
It is stated that on account of action of the Panchayat Rojgar Sewaks to go on strike, their services were terminated and advertisement inviting applications for filling up the posts of Panchayat Rojgar Sewaks, therefore, the writ applicant are not entitled to any equitable relief.
Admittedly, no such appointment has been made in pursuance of an advertisement published. The order of the learned Single Bench is an order on equitable considerations so as to allow Patna High Court LPA No.232 of 2016 dt.31-01-2017 5/5 the Panchayat Rojgar Sewaks to work on their undertaking not to go on strike and also that the interest of the State should not suffer.
2. In view of the said fact, we do not find that any case is made out for interference in the present Letters Patent Appeals as the order has been passed on purely equitable consideration, therefore, it does not have any legal value as precedent. The same are dismissed.
(Hemant Gupta, ACJ) (Sudhir Singh, J) K.C.jha/-
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