Vijay Yadav vs The State Of Bihar & Ors on 23 September, 2011

IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CWJC No.6536 of 2005
1. Gyaneshwar Prasad, son of Sri Mundrika Prasad, resident of village
    - Pasaurha, P.S. Paliganj, District - Patna, at present Peon working
    in the Bihar Legislative Assembly.
2. Rohit Choudhary, son of Sri Yogendra Choudhary, resident of
    village-Basaitha, P S - Benipatti, District - Madhubani, at present
    working in the Bihar Legislative Assembly.
3. Tripurari Singh, son of late Prabhu Nath Singh, resident of village
    Harpur Farida, P S - Taraura, District - Saran, at present Peon
    working in the Bihar Legislative Assembly.
4. Md. Murtaza, son of late Md. Nabi Jan, resident of village -
    Padma, P S - Ladania, District - Madhubani, at present Darwan,
    working in the Bihar Legislative Assembly.
5. Rajendra Prasad, son of Sri Tanuk Lal Yadav, resident of village -
    Bhagwatipur, P S - Ladania, District - Madhubani, at present
    working as peon in the Bihar Legislative Assembly.
6. Lalo Mandal, son of late Rameshwar Mandal, resident of village -
    Gandaul, P S Mahisi, District - Saharsa, at present Orderly
    working in the Bihar Legislative Assembly.
7. Vinay kumar, son of late Ram Prasad Mandal, resident of village-
    Ganauli, P S - Andhra Tharhi, District - Madhubani, at present
    Orderly working in the Bihar Legislative Assembly.
8. Sujeet Kumar, son of late Jagdip Singh, resident of village -
    Purainia, P S - Bihta, District - Patna, at present working in the
    Bihar Legislative Assembly.
9. Jai Narayan Paswan, son of late Shyama Paswan, resident of
    village - Ushfa, P S - Gaurichak, District - Patna, at present
    working in the Bihar Legislative Assembly.
                                                ______ Petitioners
                                 Versus
1. The State of Bihar.
2. Secretary, Department of Personnel and Administrative Reforms,
    Government of Bihar, Patna.
3. Bihar Legislative Assembly, Patna through its Secretary.
4. Secretary, Bihar Legislative Assembly, Patna.
5. Under Secretary, Bihar Legislative Assembly, Patna.
6. Pratima Kumari, wife of late Chandra Shekhar Pd Singh, resident
    of Sarempur, New Bye Pass, Ram Krishna Nagar, Shampatchak,
    Patna, L.D.C. Library, Bihar Legislative Assembly through
    Secretary.
7. Birendra Kumar Singh, son of Ramashish Singh, resident of MIG
    127, Hanuman Nagar, Kankerbagh, Patna, LDC, Accounts Section,
    Bihar Legislative Assembly through Secretary.
8. Satish Das, LDC, Bihar Legislative Assembly, Accounts Section,
    through Secretary.
9. Dinesh Kumar Yadav, LDC Incharge, Assembly Guest House,
    through Secretary.
10. Pancha Nand Shah, LDC, Incharge Guest House, through
    Assembly Secretary.
11. Rambabu Singh, LDC, Question Section.
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12. Maha Nand Singh, LDC, Accounts Section.
13. Tapan Kumar, LDC, Accounts Section.
14. Baidya Nath Prasad, LDC, Pension section.
15. Brajesh Kumar, LDC, Accounts Section.
16. Sanjay Kumar Singh, LDC, Accounts Section.
17. Chandravir Yadav, LDC, Accounts Section.
18. Md. Asharaf, LDC, SC/ST Welfare Committee.
19. Vinay Kumar Singh, LDC, Establishment Section.
20. Himanshu Kumar, LDC, Assurance Committee.
21. Satyendra Kumar Yadav, LDC, Pension Section.
22. Santosh Kumar, LDC, Legislative section.
23. Kailash Chaudhary, LDC, Issue Section.
24. Raju Kumar, LDC, Accounts Section.
25. Harendra Prasad, LDC, Residential Office of Hon`ble Speaker.
26. Ramashis Yadav, LDC, Lekha Section.
27. Md. Manzoor Alam, LDC, Estimate Section.
28. Arbind Kumar Amar, LDC, Karwahi Section.
29. Arbind Kumar Das, LDC, Public Accounts Section
    All through Secretary, Bihar Legislative Assembly, Patna.
                                       ______ Respondents
                                 with
                       CWJC No.7972 of 2005
Vijay Yadav, son of Sri Niras Yadav, resident of MLA Club Chowk, P
S - Kotwali, District - Patna.
                                           _______ Petitioner
                                Versus
1. The State of Bihar.
2. Secretary, department of Personnel and Administrative Reforms,
    Government of Bihar, Patna.
3. Bihar Legislative Assembly, Patna through its Secretary.
4. Secretary, Bihar Legislative Assembly, Patna.
5. Under Secretary, Bihar Legislative Assembly, Patna.
6. Panchanand Sah (Temporary and extended), Lower Division Clerk,
    Prabhari Atithi Niwas, MLA Club, Bihar Vidhan Sabha, Patna.
7. Mahanand Singh (Permanent and Junior) Lower Division Clerk,
    Accounts Section, Bihar Legislative Assembly, Patna..
8. Tapan Kumar (Permanent and Junior), Lower Division Clerk, Bihar
    Legislative Assembly, Patna.
9. Brajesh Kumar (Permanent and Junior), Lower Division Clerk,
    Accounts Section, Bihar Legislative Assembly, Patna.
10. Sanjay Kumar Singh (Temporary and Extended), Lower Division
    Clerk, Account Section, Bihar Legislative Assembly, Patna.
11. Chandraweer Yadav (Temporary and extended), Lower Division
    Clerk, Account Section, Bihar Legislative Assembly, Patna.
12. Vinay Kumar Singh, (temporary and extended), Lower Division
    Clerk, Karmik Shakha, Bihar Legislative Assembly, Patna.
13. Santosh Kumar (Permanent and Junior), Lower Division Clerk,
    Widhayee Shakha, Bihar Vidhan Sabha, Patna.
14. Arvind Kumar Amar, (Permanent and Junior), Lower Division
    Clerk, Karyawahi Shakha, Bihar Legislative Assembly, Patna.
                                           3




                  15. Arvind Kumar Das (Temporary and Extended), Lower Division
                      Clerk, Lok Lekha Samiti, Bihar Legislative Assembly, Patna.
                                                             ______ Respondents
                                             -----------

13. 23.9.2011 Taking cue from the fact that all decisions with

regard to appointment, promotion etc. in relation to the 12 th

Legislative Assembly, which was the House between the year

2000 – 2005, became controversial and issues were referred to

the Vigilance for enquiry and in some of those matters even FIR

has been lodged and investigation initiated even against the

erstwhile Speaker of the House, there may not be an occasion to

deal with such matter and give direction in relation to those

transactions.

However, it is open to the authorities to initiate a

fresh exercise if they are interested in granting promotion and to

fill up the post irrespective of what might have transpired in

relation to the exercise which became subject matter of dispute

in these two writ applications.

Both the writ applications are dismissed with

observation as above.

rkp                                                       ( Ajay Kumar Tripathi, J.)