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Patna High Court

Arun PrakashversusThe State Of Bihar and Ors

Decided
Disposal
ALLOWED

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
          Patna High Court CWJC no.1581 of 2017(6) dt.08.01.2026
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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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