IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4821 of 2011 Ravindra Nath Sinha S/o Late Bisheshwar Prasad, resident of Mohalla- Postal Park, Navratanpur Temple, Police Station- Kankerbagh, Town and District- Patna. --Petitioner Versus 1. The State Of Bihar through the Commissioner cum Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 3. Jagjiwan Ram Institute of Parliamentary Studies and Political Research through its Director In-charge, 10 Sardar Patel Marg, Patna 800015. 4. The Director In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Sardar Patel Marg, Patna 800015. ---Respondents. ------- with Civil Writ Jurisdiction Case No.4938 of 2011 Manorama Singh aged 52 years, D/o late N.K.Singh, resident of 212, Triveni Apartment, off East Boring Canal Road, Police Station Budha Colony, Dist. Patna. ---Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Principal Secretary, Department of Human Resources, Government of Bihar, Patna. 3. Jagjiwan Ram Institute of Parliamentary Studies and Political Research through its Director In-charge, 10 Sardar Patel Marg, Patna 800015. 4 The Director In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Sardar Patel Marg, Patna 800015. ---Respondents. ------ with Civil Writ Jurisdiction Case No.3596 of 2011 Dr.Smt.Veena Singh wife of Sri Anil Kumar, resident of Bhairopur Deodhi, Mohalla Mohanpur Road, Punaichak, P.S.Shastri Nagar, Dist. Patna, at present Research Fellow, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. ---Petitioner Versus 1. The State Of Bihar through the Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Principal Secretary, Department of Human Resources 2 Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 3. The Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 4. The Joint Secretary cum Director, Higher Education, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 5. The Deputy Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 6. Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna through its Director- Incharge. 7. The Director- In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. 8. The Screening Committee constituted for Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna through its convener, Sri S.N. Kunwar, the then Director, Higher Education, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 9. The Treasury officer, Patna. --Respondents. ------- with Civil Writ Jurisdiction Case No.7204 of 2011 Sushil Kumar Singh s/o late Ram Raj Singh resident of village Mothi, P.O. Rajeya, P.S.Piro, Dist. Bhojpur, Ara, at present R/o Mohalla- Police Colony, D-73, Anisabad, P.S. Gardanibagh, dist. Patna. ---Petitioner Versus 1. The State Of Bihar through the Commissioner-cum Principal Secretary, Department of Human Resources Development, Government of Bihar, Patna. 2. The Principal Secretary, Department of Human Resources Government of Bihar, Patna. 3. Jagjiwan Ram Institute of Parliamentary Studies and Political Research through its Director In-charge, 10 Sardar Patel Marg, Patna 800015. 4. The Director in-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Sardar Patel Marg, Patna 800015. ---Respondents. ------ with Civil Writ Jurisdiction Case No.5296 of 2011 Smt.Sushma Kumari wife of sri Prem Kumar Sinha, resident of in between M.I.G. 26 and 27, private house, M.I.G. Colony, Hanuman Nagar, P.S. Kankarbagh, Dist. Patna-20 at present working as Librarian at Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. ---Petitioner 3 Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Principal Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 3. The Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 4. The Joint Secretary cum Director, Higher Education, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 5. The Deputy Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 6. Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna through its Director- Incharge. 7. The Director- In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. 8. The Screening Committee constituted for Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna through its convener, Sri S.N. Kunwar, the then Director, Higher Education, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 9. The Principal Secretary, Department of Finance, Vikash Bhawan, New Secretariat, Government of Bihar, Patna 10. The Treasury officer, Patna. ---Respondents. ------ with Civil Writ Jurisdiction Case No.5302 of 2011 1. Shiv Kumar Prasad son of sri Ram Kishun Prasad, resident of D- 92, police colony, P.S.Anisabad, Dist. Patna at present working as Typist at Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road,Patna. 2. Jagneshwar Choudhary sonof Radha Chodhri resident of Sitasadan Danariya (Candibag) P.S.Gardanibagh, Dist. Patna at present working as Store Keeper at Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna. 3. Krishankant Mishra, son of Rajeshwar Mishra, resident of Anandnagar (Motighil), P.O. Bhojpur, P.S. Town Thana, Ara, Dist. Bhojpur (Ara), at present working as Accountant at Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna. ----Petitioners. Versus 1. The State Of Bihar through the Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Principal Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 4 3. The Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 4. The Joint Secretary cum Director, Higher Education, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 5. The Deputy Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 6. Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna through its Director- Incharge. 7. The Director- In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. 8. The Screening Committee constituted for Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna through its convener, Sri S.N. Kunwar, the then Director, Higher Education, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 9. The Principal Secretary, Department of Finance, Vikash Bhawan, New Secretariat, Government of Bihar, Patna 10. The Treasury officer, Patna. ---Respondents. ---------- with Civil Writ Jurisdiction Case No.5321 of 2011 1 Dr.Poonam Upadhyaya daughter of Ramesh Upadhyaya resident of Flat no. 206, shri Narayan Apartment C Block Mazar Gali Sheikhpura P.S. Rajbanshi Nagar, Dist. Patna at present Research fellow, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna 2 Dr. Baban singh son of late Umron Singh resident of Akashvani road, Bhabhua, Kothi, Khajpura, Bailey Road, P.S.Rajiv Nagar, Dist. Patna at present Research Fellow, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna ---Petitioners. Versus 1. The State Of Bihar through the Secretary, Government of Bihar, Old Secretariat, Patna. 2. The Principal Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 3. The Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 4. The Joint Secretary cum Director, Higher Education, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 5. The Deputy Secretary, Department of Human Resources Development, Vikash Bhawan, New Secretariat, Government of Bihar, Patna. 6. Jagjiwan Ram Institute of Parliamentary Studies and Political 5 Research 10 Mangles Road, Patna through its Director- Incharge. 7. The Director- In-charge, Jagjiwan Ram Institute of Parliamentary Studies and Political Research 10 Mangles Road, Patna. 8. The Screening Committee constituted for Jagjiwan Ram Institute of Parliamentary Studies and Political Research, 10 Mangles Road, Patna through its convener, Sri S.N. Kunwar, the then Director, Higher Education, Department of Human Resources Development, Government of Bihar, Vikash Bhawan, Patna. 9. The Principal Secretary, Department of Finance, Vikash Bhawan, New Secretariat, Government of Bihar, Patna 10. The Treasury officer, Patna. ---Respondents. In CWJC No. 4821 of 2011 For the petitioner : Mr. Shravan Kumar & Mr. Ashok Kumar Singh Sr. Advocates. For the State : Mr. Rajeev Kumar Singh, GP-15. In CWJC No. 4938 of 2011 For the petitioner : Mr. Shravan Kumar & Mr. Ashok Kumar Singh Sr. Advocates. For the State : Mr. Subodh Kumar, AC to G.P.14 In CWJC No. 3596 of 2011 For the petitioner : Mr.Sharad Kumar Sinha, Advocate. For the State : Mr. Rakesh Kumar Ranjan, AC to SC- XI. In CWJC Nos. 7204 of 2011 & 5296 of 2011 For the petitioner : Mr. R.K. Singh, Advocate. For the State : Mr. Anil Kumar Singh AC to SC VI. In CWJC No. 5302 of 2011 For the petitioner : Mr. Mr. Shravan Kumar & Mr. Ashok Kumar Singh Sr. Advocates For the State : Mr. Shashi Bhushan Kumar, SC-7. In CWJC No. 5321 of 2011 For the petitioner : Mr. Sharad Kumar Sinha, Advocate. For the State : Mr. Vijay Kumar Verma, AC To SC V --------------- 07 28.09.2011 Heard the parties. All the writ petitions raise similar issue and as such they have been clubbed and heard together with the consent of the parties. The present order shall govern them. Petitioners of each writ petition are presently serving the Jagjiwan Ram Institute of Parliamentary Studies and Political 6 Research (for short ‘Institute). Said Institute was taken over by an act of the legislature in the year 1988. There is no controversy that the petitioners herein were appointed/engaged by the Board of Directors of the Institute constituted under the orders of the Government. Earlier some of the petitioners had moved before this Hon’ble Court vide CWJC No.10981 of 2009 and CWJC No.11388 of 2009 praying therein that benefits of 5th and 6th pay revision recommendation were not being given to them. One of the petitioners, namely, Dr. Smt. Veena Singh raised the issue that she should be considered for grant of regular status. These matters were disposed of by order dated 09.11.2009 (Annexure -13 to CWJC No. 4938 of 2011). In the light of aforesaid order of this Court, the Principal Secretary, Department of Human Resources Development passed an order, as contained in memo no. 15C2-229/09 -1554 dated 06.05.2010 (Annexure-14). The Principal Secretary, taking stock of the entire situation, held that the petitioner and others similarly situated who have worked for more than 10 years be absorbed by formally creating post(s). It was also observed that they have been working in the Institute since last twenty years. In the present writ petition this Court passed an order on 30th March, 2011 considering the projected facts and circumstances. A counter affidavit has been filed on behalf of respondent nos. 1 and 2 in CWJC No. 4938 of 2011, in which it has been stated that the matter regarding creation of post is under consideration of the Padvarg Samittee (Post Sanction Committee). The proposal is 7 currently pending with the Finance Department. From the materials on record, it appears, the matter is currently under active consideration of the Government and a final decision is likely to be taken in this regard. Both the parties agree that these batch of writ petitions be disposed of directing the authorities of the respondent State to take a final decision in the matter within 04 months from today. I order accordingly. Till final decision is taken by the respondents, the petitioners shall be continued to be paid as were being paid. Applications stand disposed of. Sym ( Kishore K. Mandal, J.)