Patna High Court - Orders
Ram Chandra Kumar @ Ram Chandra Singh And ... vs The State Of Bihar And Ors on 17 April, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11533 of 2018
======================================================
Shyam Kishore Singh
... ... Petitioner/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 20243 of 2016
======================================================
Indrajit Kumar and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5064 of 2017
======================================================
Rajeev Kumar Singh
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13932 of 2017
======================================================
Tapeshwar Prasad and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 5089 of 2018
======================================================
Rajendra Ram and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
2/16
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6664 of 2018
======================================================
Narayan Roy and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7691 of 2018
======================================================
Dharam Nath Singh and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7760 of 2018
======================================================
Ram Chandra Kumar @ Ram Chandra Singh and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7890 of 2018
======================================================
Gauri Shankar Singh and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9237 of 2018
======================================================
Ram Chandra Singh and Ors
... ... Petitioner/s
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
3/16
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9322 of 2018
======================================================
Kamlesh Jha and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 9804 of 2018
======================================================
Ram Laulin Rai and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10605 of 2018
======================================================
Premchand Ram
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12020 of 2018
======================================================
Jitendra Kumar Yadav
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12518 of 2018
======================================================
Lal Babu Rai and Ors
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
4/16
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 12756 of 2018
======================================================
Md. Qamruddin
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13476 of 2018
======================================================
Raj Kumar Singh and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13586 of 2018
======================================================
Rabindra Kumar
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13726 of 2018
======================================================
Birendra Kumar Bhagat and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13895 of 2018
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
5/16
======================================================
Raj Bansh Lal
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14337 of 2018
======================================================
Rajeshwar Prasad and Anr
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14619 of 2018
======================================================
Nilesh Kumar
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 20837 of 2018
======================================================
Dina Nath Jha and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8964 of 2019
======================================================
Ajay Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
6/16
with
Civil Writ Jurisdiction Case No. 9149 of 2019
======================================================
Bhuneshwar Chaudhary,
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 21407 of 2019
======================================================
Indradeo Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 23748 of 2019
======================================================
Hari Mohan Jha
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14558 of 2022
======================================================
Shankar Rajak
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14723 of 2022
======================================================
Ram Bilas Sahu
... ... Petitioner/s
Versus
The State of Bihar
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
7/16
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 14960 of 2022
======================================================
Ashwani Kumar Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 16014 of 2022
======================================================
Chamru Ram @ Manoj Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 18557 of 2022
======================================================
Kashi Nath Singh
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 653 of 2023
======================================================
Barun Jay Kumar
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
with
Civil Writ Jurisdiction Case No. 11184 of 2019
======================================================
Bishundeo Mishra
... ... Petitioner/s
Versus
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
8/16
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11533 of 2018)
For the Petitioner/s : Mr.Prabhakar Tekriwal, Advocate
Mr.Siyaram Pandey, Advocate
Mr.Devesh Kumar Pandey, Advocate
Mr.Santosh Kumar Jha, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 20243 of 2016)
For the Petitioner/s : Mr.Amaresh Kumar Singh, Advocate
For the Respondent/s : Mr.Arvind Ujjwal- SC-4
(In Civil Writ Jurisdiction Case No. 5064 of 2017)
For the Petitioner/s : Mr.Shashi Shekhar Tiwary, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 13932 of 2017)
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the Respondent/s : Mr.Arvind Ujjwal-SC-4
(In Civil Writ Jurisdiction Case No. 5089 of 2018)
For the Petitioner/s : Mr.Amaresh Kumar Singh, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 6664 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal SC-4
(In Civil Writ Jurisdiction Case No. 7691 of 2018)
For the Petitioner/s : Mr.Gautam Kumar Yadav, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 7760 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 7890 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 9237 of 2018)
For the Petitioner/s : Mr.Usha Kumari, Advocate
For the Respondent/s : Mr.Arvind Ujjwal Sc4
(In Civil Writ Jurisdiction Case No. 9322 of 2018)
For the Petitioner/s : Mr.Sushil Kumar Jha, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 9804 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 10605 of 2018)
For the Petitioner/s : Mr.Rajiv Nayan Singh, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
9/16
(In Civil Writ Jurisdiction Case No. 12020 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal - SC-4
(In Civil Writ Jurisdiction Case No. 12518 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 12756 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 13476 of 2018)
For the Petitioner/s : Mr.Usha Kumari, Advocate
For the Respondent/s : Mr.Arvind Ujjwal- SC-4
(In Civil Writ Jurisdiction Case No. 13586 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal-SC-4
(In Civil Writ Jurisdiction Case No. 13726 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 13895 of 2018)
For the Petitioner/s : Mr.Sri Krishna Ranjan, Advocate
For the Respondent/s : Mr.Arvind Ujjwal-SC-4
(In Civil Writ Jurisdiction Case No. 14337 of 2018)
For the Petitioner/s : Mr.Sanjay Kumar, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 14619 of 2018)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the State : Mr.Arvind Ujjwal-SC-4
For Respondent nos. 4 to 8: Mr. Indrajeet Singh, Advocate
(In Civil Writ Jurisdiction Case No. 20837 of 2018)
For the Petitioner/s : Mr.Lalan Kumar Singh, Advocate
For the Respondent/s : Mr.Arvind Ujjwal- SC-4
(In Civil Writ Jurisdiction Case No. 8964 of 2019)
For the Petitioner/s : Mr.Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 9149 of 2019)
For the Petitioner/s : Mr.Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr.Arvind Ujjwal ( Sc4 )
(In Civil Writ Jurisdiction Case No. 21407 of 2019)
For the Petitioner/s : Mr.Ram Sevak Choudhary, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 23748 of 2019)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 14558 of 2022)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 14723 of 2022)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal ( SC-4 )
Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023
10/16
(In Civil Writ Jurisdiction Case No. 14960 of 2022)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.S.Raza Ahmad, AAG-5
Mr.Bijoy Kumar Sinha, AC to AAG-5
(In Civil Writ Jurisdiction Case No. 16014 of 2022)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
(In Civil Writ Jurisdiction Case No. 18557 of 2022)
For the Petitioner/s : Mr.Sushil Kumar Jha, Advocate
For the Respondent/s : Mr.Arvind Ujjwal (SC-4)
(In Civil Writ Jurisdiction Case No. 653 of 2023)
For the Petitioner/s : Mr.Siyaram Pandey, Advocate
For the Respondent/s : Mr.Arvind Ujjwal ( SC- 4 )
(In Civil Writ Jurisdiction Case No. 11184 of 2019)
For the Petitioner/s : Mr.Shashi Dhar Jha, Advocate
For the Respondent/s : Mr.Vikash Kumar (SC-11)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
10 17-04-2023Today, some affidavits have been filed on behalf of the State. Those are on the point as to how many vacancies are available in the concerned division of the Public Health Engineering Department (hereinafter referred to as the "PHED"). Affidavits have been sworn by the respective Executive Engineers of the Division.
Let the same be taken on the record.
This Court has already summarized what has transpired from the records. In this connection, the order dated 10.04.2023 may be referred to.
In today's hearing, learned counsel for the petitioners have submitted that the Three Men Committee comprising the then Principal Secretary, Engineer-in-Chief and Chief Engineer (Mechanical) of the PHED acted Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 11/16 contrary to the mandate of the order of this Court in CWJC No. 7359 of 2002 (Ram Tapeshwar Sah and Others versus The State of Bihar and Others) and other analogous matters. It is submitted that these petitioners had also been before this Court and their cases are covered by the judgment in the case of Ram Tapeshwar Sah (supra).
It is pointed out that in the case of Ram Tapeshwar Sah (supra) and other analogous matters, by filing a reply to the counter affidavit, the learned Additional Advocate General-II categorically submitted on behalf of the respondents- State Government that " the case of the petitioners who are fulfilling the eligibility criteria as per the aforesaid policy will be considered and finalized on or before 30th September, 2006 and the inter-se seniority will be fixed on the basis of the initial entry in the work or service..."
Learned counsel submits that the Hon'ble Division Bench accepted the affidavit, specifically referred the same in Paragraph '13' of its judgment and granted liberty to the petitioners to move the said Committee after it is approved by the government raising their grievances in Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 12/16 accordance with law settled by the Hon'ble Supreme Court.
Learned counsel submits that in the
aforementioned background, when the Committee
considered the case of the petitioners, the Committee violated the affidavits filed on behalf of the respondent- State Government and instead of preparing the seniority list on the basis of an initial entry in the work or service, the said Committee chose to take the date of birth as the reckoning factor for purpose of preparation of the seniority list. Because of this, a person whose entry in service was much after another person got preference over that another person because he happened to be elder to him. Thus, by violating its own affidavit, the Committee created a problem for those who were required to be placed above in the seniority list considering their date of entry into service.
Learned counsel submits that for their willful disobedience to the order of this Court and the undertaking given before this Court in form of an affidavit, they are liable to be proceeded against by initiating a contempt of court proceeding.
Learned counsel has placed before this Court a Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 13/16 copy of the office order no. 66 dated 11.08.2012 issued under the signature of the Executive Engineer, PHED, Chapra. This office order would show that three employees namely Surendra Singh, Harendra Prasad Singh and Satrudhan Prasad Singh who belonged to backward class and extremely backward class were absorbed against the vacant posts which were for the Scheduled Castes and Extremely Backward Class (Female). On the strength of this office order, learned counsel submits that if persons similarly situated with the petitioners could be absorbed against the vacant posts by breaking the roster, there is no reason why the remaining unfilled posts which are still lying with the department cannot be filled up from amongst the petitioners. It is submitted that if the seniority of the petitioners should have been taken into consideration, they would have been placed much above the candidates who have been absorbed on the basis of their date of birth.
Learned counsel for the petitioners in CWJC No. 11533 of 2018 has drawn the attention of this Court towards Annexure 'R/3' to the reply to counter affidavit filed on behalf of respondent nos. 1, 2 and 5 to 8. It is submitted that Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 14/16 vide office Order No. 209 dated 14.08.2018, the Engineer- in-Chief-cum-Special Secretary, PHED, absorbed Umesh Mandal, Md. Abdul Karim and Dinesh Kumar Singh who were the employees of the Araria Division against the vacant posts in Biharsharif Division. It is submitted that the respondents have been doing this shifting from one Division to another Division in the light of the orders of this Court, therefore, at this stage, it would not be fair on their part in taking a plea that the petitioners of a particular Division cannot be absorbed/adjusted against the vacancies of the year 2006 available in other Divisions.
The instances are on the record and those are speaking for themselves.
Mr. S. Raza Ahmad, learned AAG-5 and Mr. Arvind Ujjwal, learned SC-4 as also Mr. Bijoy Kumar Sinha, leanred AC to AAG-5 have assisted this Court on behalf of the respondents. Mr. Raza, learned AAG-5 has though initially took a plea that the policy of the Government dated 16.03.2006 was not under challenge, therefore, the appointments made as per the said policy conditions is in accordance with law, however, having gone Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 15/16 through paragraph '8' of the judgment of the Hon'ble Division Bench in which the submissions of learned Additional Advocate General- II based on the affidavit filed in the court on behalf of respondent State are contained, Mr. Raza, learned AAG-5 very soon realized that what was recorded in the affidavit and submitted before the Court was not followed.
At this stage, this Court requested learned AAG-5 to carry out an exercise as to whether the petitioners, from the date of their entry into the service would have been placed above the employees who have already been absorbed on the basis of date of birth. Mr. Raza, learned AAG-5 submits that he will instruct the Department to carry out such exercise and will revert to this Court with a report on this within a period of 10 days from today.
As prayed, list these cases on 28th April, 2023 under the same heading, maintaining their position.
On the said date, the learned AAG-5 will also inform this Court as to who were the officers in the Three Men Committee against whom it is alleged that they had prepared the seniority list on the basis of date of birth Patna High Court CWJC No.11533 of 2018(10) dt.17-04-2023 16/16 ignoring the date of entry into the service. On this point, learned counsel for the petitioners has shown to this Court that an Inquiry Report (Annexure '26') submitted by another Three Men Committee reveals that earlier Three Men Committee should have prepared the seniority list on the basis of the date of entry into the service which they had not done. This Court has made it clear to the learned AAG-5 that in ultimate analysis, if it is found that the Committee constituted in the light of the judgment of this Court in Ram Tapeshwar Sah (supra) had willfully disobeyed the undertaking given before this Court in form of an affidavit and submission which form part of the judgment of this Court, this Court would consider instituting a contempt proceeding against them.
List accordingly.
(Rajeev Ranjan Prasad, J) Tusharika/-
Sushma/-
U