IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.99 of 2009 1. BIRENDRA LAL SRIVASTAWA ,SON OF LATE SUDAMA PRASAD, RESIDENT OF VILLAGE-PADRI, P.S. RAHIMPUR AND DISTRICT-DWERIA(U.P.) AT PRESENT POSTED AT Range Office, SIWAN, AS NIGHT GUARD. 2. SHEO SHANKAR PANDEY, SON OF LATE DEEP NARAYAN PANDEY, RESIDENT OF VILLAGE- & P.O. PACHLAKHI PANDEY TOLA AND DISTRICT-SIWAN, AT PRESENT POSTED AT RANGE OFFICE, SIWAN AT NIGHT GUARD. 3. UMESH PRASAD SRIVASTAWA, SON OF LATE BALDEO PRASAD, RESIDENT OF VILLAGE & p.O. SISWANIA AND DISTRICT-GOPALGANJ AT PRESENT POSTED AT SIWAN DEPOT, SIWAN AS NIGHT GUARD. 4. AJAY KUMAR SINHA, SON OF LATE ABDHESH PRASAD SINHA, RESIDENT OF VILLAGE AND P.O. DHANAUTI HATA AND DISTRICT SIWAN, AT PRESENT POSTED AT ANDAR DEPOT, SIWAN AS NIGHT GUARD. 5. RAJENDRA PRASAD, SON OF LATE RAM CHANDRA PRASAD, RESIDENT OF VILLAGE-KANGOPI KUKUR BHUKKA AND DISTRICT SIWAN, AT PRESENT POSTED AT SIWAN DEPOT, SIWAN AS NIGHT GUARD. 6. KESHAV NARAYAN SINGH, SON OF LATE BHUKHLAL SINGH, RESIDENT OF VILLAGE-DHANADI, P.O. DHANANTIH AND DISTRICT SIWAN, AT PRESENT POSTED AT MAHARAJGANJ DEPOT, SIWAN AS NIGHT GUARD. 7. DHURUB DEO PANDEY, SON OF LATE CHANDRIKA PANDEY, RESIDENT OF VILLAGE & P.O. PACHLEKHI AND DISTRICT SIWAN, AT PRESENT POSTED AT BARHARIA DEPOT, BARHARIA AS NIGHT GUARD. 8. SHAMBHU SHARAN PANDEY, SON OF LATE RAM PUJAN PANDEY, RESIDENT OF VILLAGE AND P.O. PANCHAUKHI AND DISTRICT-SIWAN, AT PRESENT POSTED AT RANGE OFFICE, SIWAN AS NIGHT GUARD. 9. PRAMOD KUMAR SINHA, SON OF LATE JAGAT NARAYAN LAL, RESIDENT OF VILLAGE AND P.O. BHIT BHARWAN AND DISTRICT SIWAN, AT PRESENT POSTED AT RANGO OFFICE, GOPALGANJ AS NIGHT GUARD. 10. DINBANDHU PRASAD SRIVASTAWA, SON OF LATE SUDAMA LAL, RESIDENT OF VILLAGE-SHARMA TOLA, GAZIPUR DISTRICT SIWAN, AT PRESENT POSTED AS BASANTPUR DEPOT AS NIGHT GUARD. 11. PRASHU RAM SINGH, SON OF LATE KESHAV SINGH, RESIDENT OF VILLAGE-GAWANDRI, P.O. RAMCHANDRAPUR AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT AS NIGHT GUARD. 12. SURYA DEO PANDEY, SON OF SRI BINDESHWARI PANDEY, RESIDENT OF VILLAGE & P.O. PACHLAKHI AND DISTRICT SIWAN, AT PRESENT POSTED AT MAIWA DEPOT AS NIGHT GUARD. - 2 - 13. RAM EKBAL CHAUDHARY, SON OF LATE RAKSHA CHAUDHARY, RESIDENT OF VILLAGE-JIGNA TOLA RAM TOLEY, P.O. MIRGANJ AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT MIRGANJ DEPOT AS NDIGHT GUARD. 14. BRAJ KISHORE SINGH, SON OF LATE RAM DAS SINGH, RESIDENT OF VILLAGE AND P.O. BHORE AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT GOPALGANJ, AS NIGHT GUARD. 15. SURESH RAI, SON OF LATE AMAR RAI, RESIDENT OF VILLAGE TARAN NARAHWAN, P.O. NARHAWAN SHUKUL AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GOPALGANJ AS NIGHT GUARD. 16. JAWAHAR RAI, SON OF LATE BIKRAMA RAI, RESIDENT OF VILLAGE-BARAIYA RAJA RAM, P.O. DEBRA AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GOPALGANJ AS NIGHT GUARD. 17. SURENDRA PANDEY, SON OF RAM DAS PANDEY, RESIDENT OF VILLAGE-KHALGAON, P.O. SAMRA BAZAR AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GOPALGANJ NIGHT GUARD. 18. RAJENDRA DPRASAD YADAV, SON OF LATE GURUSHARAN PRASAD, RESIDENT OF VILLAGE SANGWADIH TOLA NANAK SHAHI AND DISTRICT GOPALGANJ AT PRESENT POSTED GOPALGANJ DEPOT, AS NIGHT GUARD. 19. CHANDRIKA PANDEY, SON OF LATE SUDARSHAN PANDEY, RESIDENT OF VILLAGE PHULWARIA, P.O. NARHAWAN BHIKHAL AND DISTRICT GOPALGANJ AS NIGHT GUARD. 20. MADAN PRASAD YADAV, SON OF LATE RAKSHA PRASAD YADAV, RESIDENT OF VILLAGE MISRAULI, P.O. BANKUL AND DISTRICT DEORIA(U.P.) AT PRESENT POSTED AT SIWAN DEPOT, SIWAN AS NIGHT GUARD. 21. PARAS NATH RAI @ PARAS RAM, SON OF LATE RAGHUBIR RAM, RESIDENT OF VILLAGE & P.O. JAGTOULI AND DISTRICT-GAOPALGANJ, AT PRESENT AT GUTHNI DEPOT, SIWAN AS NIGHT GUARD. 22. HARENDRA NARAYAN SINGH, SON OF LATE NAND KESHWAR SINGH, RESIDENT OF VILLAGE AND P.O. UCHKA GAON AND DISTRICT-GAOPLGANJ, AT PRESENT POSTED AT GOPALGANJ, DEPOT, GOPALGANJ AS DNIGHT GUARD. 23. ABADH NATH DUBEY, SON OF LATE HARIVANSH DUBEY, RESIDENT OF VILLAGE BHALUHI DAYA RAM, P.O. KATEYAN AND DISTRICT-GAOPLGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GAOPALGANJ AS NIGHT GUARD 24. GAUTAM PRASAD, SON OF SRI SHASHIDHAR PRASAD, RESIDENT OF VILLAGE MACHHAGAR JAGDISH, P.O. HATHAWAN AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ, DEPOT, GOPALGANJ AS NIGHT GUARD. 25. PARSU RAM MANJHI, SON OF LATE TUKAR MANJHI, RESIDENT OF VILLAGE-BARHAN, P.O. BARHAN GOPAL AND - 3 - DISTRICT SIWAN AT PRESENT POSTED AT MAHERAJGANJ, DEPOT, KAHREJGANJ AS NIGHT GUARD. 26. RAMASHRAY ROY, SON OF LATE SHEO PRASAD ROY, RESIDENT OF VILLAGE CHOTA, P.O. JAGATAULI AND DISTRICT SIWAN, AT PRESENT POSTED AT GOPALGANJ DEPOT GOPALGANJ AS NIGHT GUARD. 27. AWDHESH PRASAD, SON OF RAM PRAVESH SINGH, RESIDENT OF VILLAGE P.O. AND P.S. SARSAMASA AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GOPALGANJ AS NIGHT GUARD. 28. DOMA GOPE, SON OF LATE FAUJDAR GOPE, RESIDENT OF VILLAGE BIRBAUT BAXAR, P.O. JAGANNATH AND DISTRICT GOPALGANJ, AT PRESENT POSTED AT GOPALGANJ DEPOT, GOPALGANJ AT NIGHT GUARD.--------APPELLANTS Versus 1. THE STATE OF BIHAR 2. THE REGISTRAR, CO-OPERATIVE DEPARTMENT, NEW SECRETARIATE, PATNA. 3. BIHAR STATE CO-OPERATIVE MARKETING UNION LTD. THROUGH ITS CHAIRMAN, BISCOMAUN BHAWAN, PATNA. 4. THE MANAGING DIRECTOR, BIHAR STATE CO-OPERATIVE MARKETING UNION LTD, BISOMAUN BHAWAN, PATNA.---- RESPONDENTS ----------- For the appellants:- Mr. Jitendra Singh, Advocate. For the State:- Assistant Counsel to Govt. Advocate No.VI For respondet nos. 3& 4:- Mr. Vikash Kumar 3 30.1.2009 Writ petitioners-appellants aggrieved by the order dated 1.10.2008 passed in CWJC No. 13998 of 2006, dismissing the writ application, has preferred this appeal under Clause 10 of the Letters Patent. Mr. Jitendra Singh, appears on behalf of the appellants, whereas State is represented by Assistant Counsel to Government Advocate No.VI. Mr. Vikash Kumar, appears on behalf of respondent Nos. 3 and 4. It is common ground that several writ petitions were disposed off by common order and the order impugned in the present - 4 - appeal was also assailed in LPA No. 1030 of 2008 and a Division Bench of this Court by order dated 12.1.2009 has upheld the order passed by the learned Single Judge impugned in the present appeal. Accordingly, this appeal shall have the same fate and it is dismissed in limine. (Chandramauli Kr.Prasad,ACJ.) (Shyam Kishore Sharma,J.) A.Kumar