IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6536 of 2005 1. Gyaneshwar Prasad, son of Sri Mundrika Prasad, resident of village – Pasaurha, P.S. Paliganj, District – Patna, at present Peon working in the Bihar Legislative Assembly. 2. Rohit Choudhary, son of Sri Yogendra Choudhary, resident of village-Basaitha, P S – Benipatti, District – Madhubani, at present working in the Bihar Legislative Assembly. 3. Tripurari Singh, son of late Prabhu Nath Singh, resident of village Harpur Farida, P S – Taraura, District – Saran, at present Peon working in the Bihar Legislative Assembly. 4. Md. Murtaza, son of late Md. Nabi Jan, resident of village – Padma, P S – Ladania, District – Madhubani, at present Darwan, working in the Bihar Legislative Assembly. 5. Rajendra Prasad, son of Sri Tanuk Lal Yadav, resident of village – Bhagwatipur, P S – Ladania, District – Madhubani, at present working as peon in the Bihar Legislative Assembly. 6. Lalo Mandal, son of late Rameshwar Mandal, resident of village – Gandaul, P S Mahisi, District – Saharsa, at present Orderly working in the Bihar Legislative Assembly. 7. Vinay kumar, son of late Ram Prasad Mandal, resident of village- Ganauli, P S – Andhra Tharhi, District – Madhubani, at present Orderly working in the Bihar Legislative Assembly. 8. Sujeet Kumar, son of late Jagdip Singh, resident of village – Purainia, P S – Bihta, District – Patna, at present working in the Bihar Legislative Assembly. 9. Jai Narayan Paswan, son of late Shyama Paswan, resident of village – Ushfa, P S – Gaurichak, District – Patna, at present working in the Bihar Legislative Assembly. ______ Petitioners Versus 1. The State of Bihar. 2. Secretary, Department of Personnel and Administrative Reforms, Government of Bihar, Patna. 3. Bihar Legislative Assembly, Patna through its Secretary. 4. Secretary, Bihar Legislative Assembly, Patna. 5. Under Secretary, Bihar Legislative Assembly, Patna. 6. Pratima Kumari, wife of late Chandra Shekhar Pd Singh, resident of Sarempur, New Bye Pass, Ram Krishna Nagar, Shampatchak, Patna, L.D.C. Library, Bihar Legislative Assembly through Secretary. 7. Birendra Kumar Singh, son of Ramashish Singh, resident of MIG 127, Hanuman Nagar, Kankerbagh, Patna, LDC, Accounts Section, Bihar Legislative Assembly through Secretary. 8. Satish Das, LDC, Bihar Legislative Assembly, Accounts Section, through Secretary. 9. Dinesh Kumar Yadav, LDC Incharge, Assembly Guest House, through Secretary. 10. Pancha Nand Shah, LDC, Incharge Guest House, through Assembly Secretary. 11. Rambabu Singh, LDC, Question Section. 2 12. Maha Nand Singh, LDC, Accounts Section. 13. Tapan Kumar, LDC, Accounts Section. 14. Baidya Nath Prasad, LDC, Pension section. 15. Brajesh Kumar, LDC, Accounts Section. 16. Sanjay Kumar Singh, LDC, Accounts Section. 17. Chandravir Yadav, LDC, Accounts Section. 18. Md. Asharaf, LDC, SC/ST Welfare Committee. 19. Vinay Kumar Singh, LDC, Establishment Section. 20. Himanshu Kumar, LDC, Assurance Committee. 21. Satyendra Kumar Yadav, LDC, Pension Section. 22. Santosh Kumar, LDC, Legislative section. 23. Kailash Chaudhary, LDC, Issue Section. 24. Raju Kumar, LDC, Accounts Section. 25. Harendra Prasad, LDC, Residential Office of Hon`ble Speaker. 26. Ramashis Yadav, LDC, Lekha Section. 27. Md. Manzoor Alam, LDC, Estimate Section. 28. Arbind Kumar Amar, LDC, Karwahi Section. 29. Arbind Kumar Das, LDC, Public Accounts Section All through Secretary, Bihar Legislative Assembly, Patna. ______ Respondents with CWJC No.7972 of 2005 Vijay Yadav, son of Sri Niras Yadav, resident of MLA Club Chowk, P S – Kotwali, District – Patna. _______ Petitioner Versus 1. The State of Bihar. 2. Secretary, department of Personnel and Administrative Reforms, Government of Bihar, Patna. 3. Bihar Legislative Assembly, Patna through its Secretary. 4. Secretary, Bihar Legislative Assembly, Patna. 5. Under Secretary, Bihar Legislative Assembly, Patna. 6. Panchanand Sah (Temporary and extended), Lower Division Clerk, Prabhari Atithi Niwas, MLA Club, Bihar Vidhan Sabha, Patna. 7. Mahanand Singh (Permanent and Junior) Lower Division Clerk, Accounts Section, Bihar Legislative Assembly, Patna.. 8. Tapan Kumar (Permanent and Junior), Lower Division Clerk, Bihar Legislative Assembly, Patna. 9. Brajesh Kumar (Permanent and Junior), Lower Division Clerk, Accounts Section, Bihar Legislative Assembly, Patna. 10. Sanjay Kumar Singh (Temporary and Extended), Lower Division Clerk, Account Section, Bihar Legislative Assembly, Patna. 11. Chandraweer Yadav (Temporary and extended), Lower Division Clerk, Account Section, Bihar Legislative Assembly, Patna. 12. Vinay Kumar Singh, (temporary and extended), Lower Division Clerk, Karmik Shakha, Bihar Legislative Assembly, Patna. 13. Santosh Kumar (Permanent and Junior), Lower Division Clerk, Widhayee Shakha, Bihar Vidhan Sabha, Patna. 14. Arvind Kumar Amar, (Permanent and Junior), Lower Division Clerk, Karyawahi Shakha, Bihar Legislative Assembly, Patna. 3 15. Arvind Kumar Das (Temporary and Extended), Lower Division Clerk, Lok Lekha Samiti, Bihar Legislative Assembly, Patna. ______ Respondents ----------- 13. 23.9.2011 Taking cue from the fact that all decisions with regard to appointment, promotion etc. in relation to the 12th Legislative Assembly, which was the House between the year 2000 - 2005, became controversial and issues were referred to the Vigilance for enquiry and in some of those matters even FIR has been lodged and investigation initiated even against the erstwhile Speaker of the House, there may not be an occasion to deal with such matter and give direction in relation to those transactions. However, it is open to the authorities to initiate a fresh exercise if they are interested in granting promotion and to fill up the post irrespective of what might have transpired in relation to the exercise which became subject matter of dispute in these two writ applications. Both the writ applications are dismissed with observation as above. rkp ( Ajay Kumar Tripathi, J.)