IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5526 of 2010
1. AMAR NATH SHARMA, S/O LATE PARSURAM SHARMA, R/O
MAILPUR PAKARI, POLICE STATION TOWN, DISTRICT-SITAMARHI,
PRESENTLY POSTED AS S.D.O OFFICE, MADHUBANI AS CLASS-III
POST.
2. BRIJ NATH MANDAL S/O LATE RAM CHANDRA MANDAL, R/O
VILLAGE REWASI, POLICE STATION RIGA, DISTRICT-SITAMARHI,
PRESENTLY POSTED AS S.D.O OFFICE, MADHUBANI AS CLASS-III
POST.
3. JAY NANDAN SINGH S/O LATE TILYUG SINGH, R/O PURHANIA,
POLICE STATION SAHIYARA, DISTRICT-SITAMARHI, PRESENTLY
POSTED AT COLLECTORATE OFFICE,SITAMARHI.
4. AMRENDRA KUMAR CHOUDHARY, S/O LATE RAMRUP
CHOUDHARY, RESIDENT OF UTTARA, POLICE STATION
SAHARGHAT, DISTRICT-MADHUBANI, PRESENTLY POSTED AS
B.D.O OFFICE RAJNAGAR AS CLASS III POST.
5. KASHI PRASAD SAHA S/O LATE SHATRUDHAN SAHA, R/O
MOHALLA STATION ROAD RAJ NAGAR, POLICE STATION RAJ
NAGAR, DISTRICT-MADHUBANI, PRESENTLY POSTED AS
COLLECTORIATE OFFICE MADHUBANI AS CLASS-III POST.
6. UPENDRA NARAYAN SINGH, S/O LATE SARYUG SINGH,
RESIDENT OF CHARRAPATTI (BHARHA), POLICE STATION PHOOL
PARASH, DISTRICT- MADHUBANI, PRESENTLY POSTED AT CIRCLE
OFFICE BABUBARHI AS CLASS III POST.
7. MD. SHABBIR AHMED KHAN S/O LATE MD. SAFI AHMED
KHAN, R/O FATAHPUR, POLICE STATION SONEBARSA, DISTRICT-
SITAMARHI, PRESENTLY POSTED AT CIRCLE OFFICE BABUBARHI
AS CLASS III POST.
8. UDAY NATH THAKUR S/O LATE BASUDEO THAKUR, R/O
NAZIRPUR, POLICE STATION RAHIKA, DISTRICT- MADHUBANI,
PRESENTLY POSTED AT S.D.O. OFFICE MADHUBANI AS CLASS-III
POST.
9. ABDUL KAIUME ANSARI, S/O MD. EBRAHIM ANSARI, R/O
GANGDAWAR, POLICE STATION ANDHRATHARHI, DISTRICT -
MADHUBANI, PRESENTLY POSTED AT B.D.O OFFICE RAJ NAGAR
AS CLASS III POST.
10. RAM CHANDRA RAM S/O LATE MANGANI RAM, R/O
PACHPOKHARIA, POLICE STATION MAHUAWA, DISTRICT - EAST
CHAMPARAN, PRESENTLY POSTED AT CIRCLE OFFICE
MADHWAPUR AS CLASS III POST.
11. CHITRANJAN PRASAD, S/O LATE SATYA NARAYAN PRASAD,
R/O MOHALLA- WARD NO. 4, BARA BAZAR, POLICE STATION
TOWN, DISTRICT - MADHUBANI PRESENTLY POSTED AS S.D.O
OFFICE , FOOLPARASH AS CLASS III POST.
Versus
1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY GOVT. OF
BIHAR , OLD SECRETARIAT , PATNA
2. THE FINANCE COMMISSIONER, GOVT. OF BIHAR , OLD
SECRETARIAT , PATNA
2
3. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF CO-
OPERATIVE,GOVT. OF BIHAR , NEW SECRETARIAT , PATNA
4. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE,GOVT. OF
BIHAR , NEW SECRETARIAT , PATNA
5. THE COMMISSIONER, DARBHANGA DIVISION, DARBHANGA.
6. THE DISTRICT MAGISTRATE, MADHUBANI.
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02. 26.11.2010 Heard learned counsel for the petitioners
and the State.
The matter relates to grant of pay-scale of
Rs. 4000-6000/- in lieu of Rs. 3050-4590 in
pursuance of the appointment after Advertisement No.
1 of 2002. The petitioners were employed as Managers
in the P.A.C.S. In pursuance of certain directions of
the Court they came to be absorbed in service through
Bihar Public Service Commission, under the aforesaid
advertisement by a merit process.
No further discussion of facts and Court’s
orders are required in view of Annexure-A of the
counter affidavit issued by the State Government in
the Department of Co-operative.
The writ petition is disposed off with
directions to the concerned respondents, the District
Magistrate or the Commissioner as the case may be to
act strictly in accordance with directions of the
Government, contained in paragraph-6 of the order
dated 13.7.2010, at Annexure-A in its true letter and
sprit. If any petitioners represent to the Chief Secretary
of the State that any particular District Magistrate or
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Commissioner was not acting in accordance with the
true sprit of the instructions contained in paragraph-6
in all its aspects, the Court expects the Chief Secretary
to deal with the issues appropriately in accordance
with law both administrative and disciplinary.
It is expected that once the Government has
issued necessary directions, those required to comply,
it shall do so forthwith for which the petitioners, if so
advised, may file a representation. Any writ application
hereinafter for enforcement of the Government order
may not find the appreciation of the Court insofar as
the respondents are concerned.
The application stands disposed.
P.K. ( Navin Sinha, J.)