IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.62 of 2011
1. Dina Nath Jha son of late Shobhakant Jha, resident of
Village & P.O. Ghosrama, P.S. Hayaghat, District Darbhanga
2. Ram Naresh Kunwar son of late Raj Kant Kunwar, resident
of Villae Abdullapur Darhar, P.O. & P.S. Laheriasarai,
District Darbhanga
3. Rabindra Choudhary son of Sri Satyadeo Choudhary,
resident of Village Barhetta, P.O. & P.S. Laheriasarai, District
Darbhanga
4. Binodanand Choudhary son of late Sita Ram Choudhary,
resident of Village Govindpur, P.O. Laheriasarai, P.S.
Bahadurpur, District Darbhanga
5. Ratan Kumar Choudhary son of late Rajendra Choudhary
resident of Village Govindpur, P.O. Laheriasarai, P.S.
Bahadurpur, District Darbhanga
6. Sheo Ganesh Choudhary son of Sri Laldeo Choudhary,
resident of Village Govindpur, P.O. Laheriasarai, P.S.
Bahadurpur, District Darbhanga
7. Raj Kishore Choudhary son of Sri Ram Udar Choudhary,
resident of Village Govindpur, P.O. Laheriasarai, P.S.
Bahadurpur, District Darbhanga
8. Anand Kumar Jha son of Sri Jaibir Jha, resident of Village-
Ghogharaha, P.S. Chandauna, District Darbhanga
9. Arun Kumar Jha son of Sri Nand Lal Jha, resident of
Village- Balbhadrapur, P.O. Laheriasarai, P.S. Sadar, District
Darbhanga
10. Ramdeo Jha son of late Tej Narayan Jha, resident of
Village, P.O. & P.S. Bahadurpur, District Darbhanga
11. Ashok Kumar Sinha son of Vishnudeo Prasad Sinha,
resident of Village & P.O. Laxmisagar, P.S. L.N.Mithila
University, Darbhanga
12. Abul Hayat son of late Md. Salim, resident of Village
Sarai Sattar Khar, P.O. & P.S. Laheriasarai, District
Darbhanga
13. Subrat Chandra son of Sri Arun Chandra resident of
Mohalla - Bangali Tola, District and town of Darbhanga
14. Surendra Jha son of Sri Babu Prasad Jha, resident of
Village- Balbhadrapur, Navtolia, P.O. Laheriasarai, P.S.
Bahadurpur, District Darbhanga
15. Sudhir Kumar son of Sri Shobha Kant Kumar, resident of
Village & P.O. Ganga Patti, Laheriasarai, P.S. Laheriasarai,
District Darbhanga
16. Murari Prasad son of late Parmeshwar Prasad, resident of
Mohalla- Abhanda Pokhar, Bakargannj, P.S. Laheriasarai,
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District Darbhanga
17. Ram Pukar Jha son of Sri Ram Padarath Jha, resident of
Village- Balbhadrapur, P.O. Laheriasarai, P.S. Bahadurpur,
District Darbhanga
18. Ram Bhuban Jha son of Sri Bhola Jha, resident of Village-
Balbhadrapur, P.O. Laheriasarai, P.S. Bahadurpur, District
Darbhanga
19. Anil Kumar Singh son of Sri Ram Vilas Singh, resident of
Village- Kalighat, Ganipur Tarauni, P.O. Subhankarpur, P.S.
Bahadurpur, District Darbhanga
.... (Petitioners) - Appellants
VERSUS
1. The State of Bihar
2. The Commissioner, Darbhanga Division, Darbhanga
3. The Collector- cum- District Magistrate, Darbhanga
4. The Deputy Collector, Establishment, Darbhanga
Collectorate, Darbhanga
...... (Respondents) - Respondents
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For the Appellants : M/s S. P. Mukherjee, Sr Advocate
With Shanti Pratap, Advocate
For the State : Mr Sushil Kumar Jha, AC to GP 18
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5 27.6.2011 Heard learned counsel for the appellants and learned
counsel for the State.
The relief which the writ petitioners sought from this
Court was to command the respondents to consider the case of
the petitioners for appointment against sanctioned and vacant
class IV posts under the Darbhanga Collectorate and its
offices. Further relief sought for was for declaring that non-
consideration of their case for such appointments is illegal and
arbitrary.
Although learned counsel for the appellants has
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referred to Annexure- 2, an order passed in the year 1996 in a
writ petition of the year 1994 preferred by Bihar Rajya Fourth
Grade Employees Association District Unit and others, we do
not find that the appellants can be granted any other
observation for their benefit except what has been indicated in
the order under appeal. No appointment made earlier or any
order has been challenged by the appellants and they are
claiming relief of consideration only on the basis of a panel of
the year 1992. Sufficient observations in their favour have
already been made by the Writ Court. It is not possible to
grant any other relief to the appellants. In our view, there is
no finding given by the Writ Court on any issue of fact so as
to prejudice the case of the appellants. We are also of the view
that authorities shall consider the case of the appellants also
while considering case of others eligible candidates in
accordance with law.
The appeal is disposed of accordingly.
(Shiva Kirti Singh, J.)
(V. Nath, J. )
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