IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16341 of 2011 1. Narayan Kumar, S/O Late Suresh Kumar, Resident of Village & P.O.- Karnpur, P.S. Supaul, District- Supaul. 2. Krishna Kant Jha, S/O Sri Ram Chandra Jha, Resident of Village+ P.O. Sukhpur, P.S. Supaul, District- Supaul. 3. Ramjee Mahto S/O Late Jangal Mahto, Resident of Village & P.O. Karnpur, P.S. Supaul, District- Supaul. 4. Siyaram Choudhary, S/O Sri Mahabir Choudhary, Resident of Village- Nariar Bhengha, P.O. Nariar, P.S. & District- Saharsa. 5.Ravindra Narayan Thakur, S/O Late Upendra Narayan Thakur, Resident of Village & P.O. Chainpur, P.S. Bangaon, District- Saharsa. 6. Vinay Kumar Jha, S/O Late Chanda Jha, Resident of Village & P.O. Chainpur, P.S. Bangaon, District- Saharsa. 7. Shyam Sundar Jha S/O Late Bhola Jha, Resident of Village & P.O.- Lagwan, P.S. Sonbarsa, District- Saharsa. ----------------Petitioners Versus 1. The State of Bihar, through it’s Chief Secretary, Old Secretariat Building, Patna, Bihar. 2. The Secretary to the Government in the Department of Water Resources Department, Sinchai Bhawan, Patna. 3. The Director Land Acquisition & Rehabiliation-Cum- Dy. Secretary of Water Resources Department, Sinchai Bhawan, Patna. -------------Respondents. ---------------------------------- For the Petitioner:- Rana Randhir Singh, Senior Advocate. Kumar Devasish, Advocate. For the State:- Mohini Kumari, A.C. to S.C. 14. --------------------- 2. 21.09.2011 Heard Mr. Chandra Shekhar, learned Senior counsel for the petitioner as well as Mohini Kumari learned A.C. to S.C. 14 appearing on behalf of the respondents. 2 The writ petition has been filed for a direction to the respondents to consider their cases in light of the Judgment of the Hon’ble Supreme Court in Uma Devi’s case as reported in 2006 (4) S.C.C. 1 and also clarified by the Hon’ble Supreme Court in the case of State of Karnataka Vs. M. L. Keshri & Ors. reported in 2010 (9) S.C.C. 247. Learned Senior counsel for the petitioner submits that in view of the aforesaid two directions the respondents are obliged to consider the case of the petitioners who had been removed from service though having worked for a number of years. He further submits that the Hon’ble Supreme Court itself has made a distinction with regard to such cases as compared to other cases in as much as by a one time measure the State has been granted the liberty to go into that exercise of regularizing the services of such persons. Learned counsel appearing on behalf of the respondents points out that the petitioner had already moved before the Hon’ble Supreme Court in Civil Appeal No. 5682-5684 of 2004 and the Hon’ble Supreme Court by its order dated 11.7.2006 passed the following order. “In view of the Recent decision of the constitution Bench; in Secy. State of Karnataka & Ors. v/s Uma Devi & Ors. 2006 (4) SCC-1, we are of the opinion that there is no merit in these Appeals. The appeals are dismissed 3 accordingly”. He submits that in view of the aforesaid, since there is a decision between the parties concerned, in the case of the writ petitioners, this Court would not interfere and issue any direction to the respondents with regard to the said grievances which was raised before the Hon’ble Supreme Court. After hearing learned counsel for the parties this Court is inclined to agree with the submissions made by learned counsel for the State. There is a decision by the Hon’ble Supreme Court in the case of the petitioners by which, after noticing the order passed in the case of Secretary, State of Karnataka Vs. Uma Devi (Supra), had dismissed the appeals holding that there is no merit. The petitioners can only move before the Hon’ble Apex Court for any clarification for consideration of their cases as per the said judgment. According to this Court it would not be appropriate to clarify or go behind the order passed by the Hon’ble Supreme Court and issue any positive direction. For the reasons aforesaid, this Court finds no merit in the writ petition and the same is dismissed. Anand Kr. ( Ahsanuddin Amanullah, J.)