High Court Patna High Court - Orders

Sushil Kumar Pandey vs The State Of Bihar &Ors on 4 July, 2011

Patna High Court – Orders
Sushil Kumar Pandey vs The State Of Bihar &Ors on 4 July, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
              CWJC No.2039 of 2009
           Baikunth Prasad Choudhary
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.17152 of 2008
                    Lal Jha & Ors
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.18270 of 2008
                    Ganesh Kumar
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.18287 of 2008
                     Navin Kumar
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.18288 of 2008
                     Anil Sharma
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.18305 of 2008
                  Brahmanand Jha
                         Versus
             The State Of Bihar & Ors
                           with
             CWJC No.18312 of 2008
                    Jawahar Singh
                         Versus
             The State Of Bihar & Ors
                           with
               CWJC No.259 of 2009
                    Ranjit Sharma
                         Versus
             The State Of Bihar &Ors
                           with
               CWJC No.588 of 2009
                Bipin Bihari Sharma
                         Versus
             The State Of Bihar &Ors
                           with
               CWJC No.606 of 2009
                   Narendra Kumar
                         Versus
             The State Of Bihar &Ors
                           with
                                     2




                                   CWJC No.609 of 2009
                                        Dinanath Jha
                                             Versus
                                 The State Of Bihar &Ors
                                               with
                                   CWJC No.698 of 2009
                                    Ashok Kumar Singh
                                             Versus
                                 The State Of Bihar &Ors
                                               with
                                  CWJC No.2636 of 2009
                                   Sushil Kumar Pandey
                                             Versus
                                 The State Of Bihar &Ors
                                               with
                                 CWJC No.12070 of 2008
                                    Ram Chandra Prasad
                                             Versus
                                 The State Of Bihar & Ors
                                           -----------

5. 04.07.2011 The controversy has been noticed in detail

in the order dated 4.3.2009.

Counsel for the petitioners submit that the

Jharkhand High Court on the issue has held that

there could not be loss of seniority. It is submitted

that the State of Bihar was also a party respondent

in one of the writ petitions before the High Court at

Jharkhand and has suffered the judgment.

Counsel for the State prays for time to seek

instructions on this limited issue otherwise the State

of Bihar has already filed its counter affidavit.

Counsel for the State of Jharkhand takes

the stand that loss of seniority shall visit those who

come back to the State of Jharkhand on a request

made. He however does not have instructions at the
3

moment if the judgments of the Jharkhand High

Court relied upon by the petitioners have been

suffered by the State of Jharkhand or they have been

challenged in appeal.

It is made clear that no further

adjournment shall be granted either to the State of

Bihar or to the State of Jharkhand given the nature

of the controversy.

List for final disposal at the same position

on the 26th of July, 2011.

P. Kumar                                        ( Navin Sinha, J.)