IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10469 of 2003 Baidhnath Prasad, son of Jivach Yadav, resident of village – Nirmali, P.S. – Supaul, District – Supaul ………….. Petitioner Versus 1. The State Of Bihar through the Secretary, Water Resources Department, Government of Bihar, Patna 2. The Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna 3. The Chief Engineer, Water Resources Department, Koshi Project, Birpur, Supaul 4. The Executive Engineer, East Division, Koshi Project, Supaul 5. The Rehabilitation Officer, Koshi Project, Supaul …………….. Respondents ---------------------------------- 05. 02.12.2011 Petitioner is one of the persons, who claims himself to belong to a displaced person category under the Scheme of the Government to accommodate such persons under the State. Petitioner was provisionally appointed on the post of a Chain-Main vide Memo No. 154, dated 23.07.1989 on the order of the Director, Land Acquisition under the Water Resources Department. All had been well till an order of termination came to be passed against him on 05.07.2003, which is contained in Annexure – 1. From a reading of Annexure- 1, it is evident that the respondent-authorities found certain irregularities in such appointment of the petitioner on the ground that probably the petitioner does not belong to the category of person, who is displaced and was required to be appointed by the respondents in terms of the policy. Contention of the counsel is that the decision reached to remove the petitioner has been passed without taking all the aspects into consideration and the material that the benefit 2 was not limited to the person, who had been displaced, but was extended to family members, who were victims of such displacement in the Koshi Region. Petitioner has produced evidence to show that his grand-father was one of those persons, who had been given certificate of displacement and petitioner has claimed benefit under him. Present Writ Application is not the first of its kind where such orders of removal came to be passed. There were many such persons, who came to be removed by the respondents by a stroke of pen and they took shelter of the High Court, where on due adjudication and on hearing the parties Writ Applications came to be allowed. One of such Writ Application was C.W.J.C. No. 14075 of 2003, which was the case of one Ram Bhujan Yadav and Others Versus State of Bihar & Others. The Learned Single Judge quashed the order of termination and allowed the Writ Application, which became the subject matter of challenge before a Division Bench. The Division Bench in L.P.A. No. 272 of 2008 vide its Order dated 12th of July, 2011 upheld the decision of the Learned Single Judge and a direction was issued for restoration of the status of the petitioner. The orders so passed including the order in L.P.A. No. 272 of 2008 has been brought on record by way of a supplementary affidavit. Though a counter affidavit in support of the decision has been filed on behalf of the State, but that stand has to be re- 3 looked into in light of the adjudication, which has been made not only in the case of Ram Bhujan Yadav, but also the appeal of the State and the order passed by the Division Bench in L.P.A. No. 272 of 2008. After going through the records, the pleadings and the stand so taken, even learned counsel for the State fairly submits that there is broad similarity between the issues decided by the Learned Single Judge as well as Division Bench and the circumstances under which the present petitioner came to be removed in terms of Annexure- 1. If that be so, then the benefits, which have been extended to similarly situated persons, will have to be given to the present petitioner as well. In view of the same, Annexure- 1, dated 05.07.2003 is quashed. The Writ Application is allowed. The petitioner would be restored in service on the status which he was holding at the time of dismissal. Benefits of such order will accrue in favour of the petitioner. SKM (Ajay Kumar Tripathi, J.)