IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.69 of 2011 1. MANOJ KUMAR SINHA , SON OF SHRI PRABHU PRASAD, RESIDENT OF VILLAGE- KARIHARA, P.O.TANKUPA, DISTRICT-GAYA. 2. MUNESHWAR PRASAD, SON OF SHRI LOKHAN PRASAD, RESIDENT OF VILLAGE- KHAIRA, POST OFFICE-FATEHPUR, DISTRICT- GAYA, 3. KAMESHWAR SINGH, SON OF LATE KEDAR SINGH, RESIDENT OF VILLAGE-KUSHMUKHI, P.O.SONVARSHA, P.S.CHARPOKHARI, DISTRICT-BHOJPUR. 4. VIJAY PRASAD, SON OF DUDNATH SINGH, RESIDENT OF VILLAGE-KUSHMUHI, P.O.- SONVARSHA, P.S.CHARPOKHARI, DISTRICT- BHOJPUR. 5. JANMAY JAY SINGH, SON OF SHRI ANIL KUMAR SINGH, RESIDENT OF VILLAGE+P.O.CHANWATH, P.S.NAVANAGAR, DISTRICT-BUXAR. 6. SURENDRA KUMAR, SON OF JAGDISH YADAV, RESIDENT OF VILLAGE-SABAL CHAK, P.O.TANKUPA, DISTRICT-GAYA. 7. ANIL KUMAR SINGH, SON OF SHRI RAM SINGH, RESIDENT OF VILLAGE-DUSADHI BADHAR, P.O. PIRO, DISTRICT-BHOJPUR. 8. SASHI BHUSHAN UPADHAYA, SON OF LATE CHANDRA BNASH UPADHYA, RESIDENT OF VILLAGE-CHANDA, POST ARAK, P.S.BRAHAMPUR, DISTRICT-BUXAR. 9. VIJAY KUMAR SINGH, SON OF LATE CHANDRAMA SINGH, RESIDENT OF VILLAGE- KUSHMUHI, P.O.SONVARSHA, P.S.CHARPOKHARI, DISTRICT-BHOJPUR. 10. JAYMANGAL SINGH, SON OF BALCHARI SINGH, RESIDENT OF VILLAGE-MASAHIYA, POST OFFICE-CHONGAYI, P.S. MURAR, DISTRICT-BUXAR. 11. RAJESH KUMAR PANDEY, SON OF MAHENDRA PANDEY, RESIDENT OF VILAGE+P.O.BABHANGAMA, P.S. BARAHRA, DISTRICT-BHOJPUR. 2 12. ASHOK KUMAR YADAV, SON OF RAM EKBAL YADAV, RESIDENT OF VILLAGE- JAMUA, P.O.+P.S.BIHIYA, DISTRICT-BHOJPUR. 13. SHYAM SUNDAR PRASAD, SON OF GIRDHARI PRASAD YADAV, RESIDENT OF VILLAGE-DHARMPUR, P.O. VISHUNPUR, DISTRICT-GAYA. 14. BIMKESH KUMAR SINGH, SON OF NAND JI SINGH, RESIDENT OF VILAGE-BHADYA, P.O.BASANTPUR, P.S.ARAH(MUFASIL), DISTRICT-BHOJPUR, 15. MUNJI YADAV, SON OF SHRI KISHUNI YADAV, RESIDENT OF VILLAGE JAMUA, P.O.+P.S.BIHIYA, DISTRICT-BHOJPUR. 16. AKHILASH PRASAD, SON OF LATE MUNI SINGH YADAV, RESIDENT OF VILLAGE- MANPA, P.O. NACHAP, P.S. MURAR, DISTRICT- BUXAR. 17. JANARDHAN SINGH YADAV, SON OF SHRI RAM BALI SINGH YADAV, RESIDENT OF VILLAGE+P.O.BARKISAHGOLI, P.S.SAHPUR, DISTRICT-BHOJPUR. 18. BINOD KUMAR, SON OF SHRI SHIV DAYAL SINGH, RESIDENT OF VILLAGE-SHUARI, P.O. RATNAR, P.S. AGIYAO, DISTRICT-BHOJPUR. 19. SUNIL KUMAR SINGH, SON OF SHRI BALKESHWAR SINGH, RESIDENT OF VILLAGE-KUSHMUHI, P.O.SONVARSA, P.S. CHARPOKHARI, DISTRICT-BHOJPUR. 20. ADITYA KUMAR, SON OF SHRI SUDARSHAN SINGH, RESIDENT OF VILLAGE- GARAHNI, STATION, P.O.GARAHNI, P.S.GARAHNI, AGIYAO, DISTRICT-BHOJPUR. 21. ASHOK KUMAR SINGH, SON OF LATE BABU DHAN SINGH, RESIDENT OF VILLAGE- KUSHMUHI, P.O.SONVARSHA, P.S. CHARPOKHARI, DISTRICT-BHOJPUR. 22. SUSHIL KUMAR @ SUSHIL KUMAR SINGH, SON OF LATE LALAN SINGH, RESIDENT OF VILLAGE-TENDUNI, P.O. TENDUNI, P.S. JAGDISHPUR, DISTRICT-BHOJPUR. 23. RAMA SHANKAR SINGH, SON OF DINESHWAR SINGH, RESIDENT OF VILLAGE- PILIYA, DIH, P.O. NAGRI, P.S. CHARPOKHARI, 3 05/ 15th April 2011 DISTRICT-BHOJPUR. 24. RAM CHANDRA ROY, SON OF SHRI KUWAR SINGH, RESIDENT OF VILLAGE-KARNOL, P.O. KARNOL, P.S.AGIYAO GARAHNI, DISTRICT- BHOJPUR. 25. SHYAM KISHORE CHAUDHARI, SON OF RAM AYODHAYA CHAUDHARI, RESIDENT OF VILLAGE-SHIVPUR, P.O.SHIVPUR, P.S.AGIYAO GARHANI, DISTRICT-BHOJPUR, 26. MUNU KUMAR @ MUNU KUMAR SINGH, SON OF SUDHAN SINGH, RESIDENT OF VILLAGE-ASLAN, P.O.BAGVA, P.S.AGIYAO GARHANI, DISTRICT-BHOJPUR-------WRIT PETITIONERS—------------------------APPELLANTS. Versus 1 THE STATE OF BIHAR THROUGH THE SECREATRY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 2. THE SECRETARY, ROAD CONSTRUCTION DEPASRTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DEPUTY SECRETARY(ESTABLISHMENT), ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BIHAR, PATNA. 4. THE ENIGNEER-IN-CHIEF-CUM-ADDITIONAL COMMISSIONER-CUM-SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, BIHAR, PATNA. 5. THE CHIEF ENGINEER, CENTRAL DESIGN ORGANIZATION, ROAD CONSTRUCTION DEPARTMENT, GOVERNMMENT OF BIHAR, BIHAR, PATNA. 6. THE SECRETARY, R.C.D.JHARKHAND, RACHI-- -RESPONDENTS. ----------- Heard learned counsel for the appellants. Nobody appears for the State. 2. The facts of the case have been clearly 4 dealt with by the learned single Judge in the order under appeal dated 2.11.2010 whereby CWJC No.2832 of 2010 preferred by the 26 appellants has been rejected. the writ Court has noticed that the very basis of the claim of the petitioners for being posted in the State of Bihar has been found to be forged and fabricated because the State of Jharkhand has categorically declared that the order dated 27.05.2009 bearing No.89 as well as some other letters were in respect of other matter and the State of Jharkhand has not issued any order or letter relieving the petitioners/appellants for joining service in the State of Bihar. We do not find any good materials to take a different view in the matter. The appeal is, therefore, dismissed. 3. Learned counsel for the appellants drew our attention to the case of one Bidhya Choudhary S/O Manogi Choudhary who had preferred CWJC No. 19422/2010 against the State of Bihar and Others including the Executive Division, Road Construction Department, Road Division, Araria, Bihar raising a grievance that he was not being allowed to join the State of Bihar in spite of allocation of his service to Bihar and 5 was not being paid salary since 16th March 2010. Apparently, that case did not involve quashing of order dated 11th February 2010 which was under challenge by the appellants in the present case because by that order the Government of Bihar had cancelled the earlier orders for posting of Laboratory Assistants in the Road Construction Department. However, he asserts that the case of Bidhya Choudhary was similar in nature and in his case the writ petition was disposed of on 3.1.2011 with a simple observation that his representation should be disposed of by Secretary, Road Construction Department, Bihar, Patna in accordance with law in respect of his claim for joining, payment and salary. 4. According to learned counsel for the appellant the representation of the said Bidhya Choudhary has found favour although his case allegedly stands on similar orders of the State of Jharkhand which are alleged to be forged. We cannot proceed in the matter of Bidhya Choudhary on the basis of simple assertions noted above. However, it is observed that the State of Bihar, particularly the Secretary, Road Construction Department, Bihar, Patna shall examine the case of the 6 Bidhya Choudhary carefully so that if his case is also found to be similar as that of the appellants then appropriate action is taken in the matter after enquiry from the State of Jharkhand. 5. It goes without saying that any order to be passed by the State in case of Bidhya Choudhary should be in accordance with law and we have not applied our minds to the merits of that case. perwez (Shiva Kirti Singh, J.) (Akhilesh Chandra, J.)