Patna High Court
Arun PrakashversusThe State Of Bihar and Ors
- Decided
- Disposal
- ALLOWED
- Bench
- PARTHA SARTHY
Holding
The writ application is allowed in terms of the judgment dated 21‑August‑2017 in CWJC No. 19392 of 2016, with no costs awarded against the respondents.
Summary
The petitioner, Arun Prakash, challenged a government order dated 02‑11‑2016 that reverted him to a Class III cadre on compassionate grounds and sought recovery of excess salary. He contended that his case was covered by the earlier judgment in CWJC No. 19392 of 2016 (Raj Kumar et al. v. State of Bihar) which had been affirmed by subsequent appeals. The respondents did not dispute the applicability of that precedent. The Court examined the earlier judgment and the subsequent appellate decisions, finding that the same legal principles applied. Accordingly, the writ application was allowed in accordance with the 21‑August‑2017 judgment, except that no costs were imposed on the respondents.
Issues considered
- Whether the order reverting the petitioner to Class III cadre on compassionate grounds is legally valid and can be quashed.
- Whether the earlier judgment in CWJC No. 19392 of 2016 is binding on the present writ application.
- Whether the petitioner is entitled to recovery of excess salary paid under the reverted appointment.
Subjects
- writ of certiorari
- civil service appointment
- compassionate appointment
- reversion of cadre
- excess salary recovery
- precedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case no.1581 of 2017
======================================================
Arun Prakash Son of late Durga Sharan Prasad, Resident of Village.P.O.
Palanwa, Police Station.Ramgarhawa, District.East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Additional Secretary, Rural Works Department, Govt. of BIhar, Patna
3. The Chief Engineer.3, Rural Works Department, Bihar, Patna.
4. The Superintendent Engineer, Rural Works Department, Works Anchal
Bettiah, District. West Champaran.
5. The Executive Engineer, Roral Works Department, Works Division,
Motihari, District. East Champaran.
6. The Executive Engineer, Rural Works Department, Works Division,
Sheohar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar, Advocate
Mr. Bashishtha Narayan Mishra, Advocate
For the Respondent/s : Mr. Manish Kumar, A.C to AAG 6
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 08.01.2026 1. Heard learned counsel for the petitioner and
learned counsel for the respondents.
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
Patna High Court CWJC no.1581 of 2017(6) dt.08.01.2026
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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
Patna High Court CWJC no.1581 of 2017(6) dt.08.01.2026
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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
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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.
(Partha Sarthy, J)
Bibhash
U
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