Arun Prakash vs The State Of Bihar & Ors.

“I. For issuance of a writ in the nature of certiorari quashing the Letter No. 06 ANU./Bettiah dated 04-1-2022 as contained in annexure-12 to this writ petition, issued under the signature of Superintending Engineer, Rural Works Department, Works Circle, Bettiah (Respondent No. 11), whereby and where under it has been directed that the excess payment given to the petitioner since 02-11-2016 of the post of Accounts Clerk be deducted from the salary or in case of retirement within one year, from gratuity and in case of retire employee, from pension be adjusted due to cancellation the absorption on the post of Accounts clerk from the Tracer (Anurekhak) vide letter No. 12402 dated 02-11-2016 (Annexure-7) of the Departmental Letter.

II. For issuance a writ in the nature of Mandamus commanding and directing the respondents to appoint the petitioner again on the post of Accounts Clerk as the Departmental Letter No. 12402 Patna dated 2-11-2016 has been quashed and set-aside in C.W.J.C. No.19392 of 2016 along with C.W.J.C. No.9921 of 2017 and other analogous cases vide Judgment dated 21-8-2017 passed by Hon'ble Mr Justice Jyoti Saran.

III. For issuance of a writ in the nature of Certiorari quashing the Memo No. 1411 Bettiah dated 03-12-2021 as contained in annexure-10 to this writ petition, issued under the signature of Superintending Engineer, Rural Works Department, Works Circle, Bettiah (Respondent No. 11) whereby and where under the letter No. 1389/Bettiah dated 29-11-2021 as contained in annexure-9 to this writ petition has been cancelled with effect from 03-12-2021.

IV. For issuance of a writ in the nature of certiorari quashing the Memo No. 7705/Patna dated 20-12-2021 as contained in annexure- 11 to this writ petition, issued under the signature of the Engineer in Chief Cum Additional Commissioner Cum Special Secretary Rural Works Department, Government of Bihar (Respondent No 6) whereby and where under the claim of the petitioner has been rejected and ordered that the conversion on the Post of Accounts Clerk from the Post of Tracer (Anurekhak) is not accordance with law accordingly all claim of the petitioner has been rejected and the petitioner is entitled to pay of Tracer (Anurekhak). V. To grant any other relief or relief's for which the petitioner is entitled from the facts and circumstances of the case.”

“…..2. The petitioner has filed the instant application for the following reliefs:-

“1.

That, this application is being filed for issuance of a writ in the nature of certiorari or any other appropriate writ or writs for quashing the order contained in letter no.8/A. Pra.- 112/16-12402 dated 02.11.2016 issued by the respondent no.2 vide which the petitioner has been reverted back in class III cadre other than accounts cadre treating him appointee on compassionate ground and for ordering for recovery the excess amount paid to him showing his name against serial no.5 in the list A of appointee enclosed with the letter dated 02.11.2016. And/Or For passing such other order or orders for which the petitioner will be found entitled in the eye of law. A true photocopy of the letter no.8/A.Pra.-112/16- 12402 dated 02.11.2016 is being annexed herewith and marked as Annexure-1 to form part of this application.”

3.

At the outset, it is submitted by learned counsel for the petitioner that the order impugned contained in letter no. 1240 dated 2.11.2016 of the Additional Secretary, Rural Works Department, Government of Bihar was the subject matter of CWJC no. 19392 of 2016 (Raj Kumar and others versus the State of Bihar and others). The said writ application was disposed of along with batch of other writ applications by judgment dated 21.8.2017 passed in CWJC no. 9921 of 2017 (Vinit Kumar and others versus the State of Bihar and others) and analogous cases. Learned counsel submits that the case of the petitioner herein is fully covered by the said judgment.

4.

Learned counsel for the petitioner further submits that the appeal preferred against the said judgment vide LPA no. 163 of 2018 was dismissed by judgment dated 11.7.2018, passed in LPA no. 1702 of 2017 (State of Bihar and others versus Binit Kumar and others) and analogous cases including LPA no. 123 of 2018 (State of Bihar and others versus Niraj Kumar). It is further submitted that SLA(C) no. 23765 of 2018 (State of Bihar and others versus Niraj Kumar) which was preferred against the judgment in LPA no. 123 of 2018 was dismissed by the Hon’ble Supreme Court by its order dated 28.9.2018.

5.

The submission on behalf of the petitioner that his case is covered by the aforesaid judgment passed in CWJC no. 19392 of 2016 is not disputed by the learned counsel for the respondents.

6.

In view of the above, the instant writ application is allowed in terms of the judgment dated 21.8.2017 passed in CWJC no. 19392 of 2016 except for the fact that no cost is imposed in the instant case on the respondents.”