IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1793 of 2011

In

Civil Writ Jurisdiction Case No.6892 of 2003

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1.

2.

The State Of Bihar

Commissioner-cum-Secretary, Water Resources Department, Govt. of Bihar,

Sichai Bhawan, Patna.

3.

The Director Land Acquisition and Rehabilitation, Water Resources Deptt.,

Govt. Of Bihar, Patna

... ... Appellant/s

Versus

Brij Kishore Singh S/O Late Sri Kamla Singh R/O Village- Amleri, P.S.-

Siwan, Distt.- Siwan

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr. Sanjay Kumarac-AAG10

For the Respondent/s

:

Mr. Ravindra Nath Dubey, Advocate

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and

HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 23-02-2023

The present LPA is filed by the State of Bihar assailing the

order of the learned Single Judge dated 12.01.2011 passed in

CWJC No. 6892 of 2003.

2. Brief facts of the case are that respondent was appointed

in the year 1983 as a Chainman by the Special Land Acquisition

Officer on daily wage basis, his services were ratified by the

Director and he continued. In the year 1989, he was further

appointed to the post of Accounts Clerk and continued as such

till his services were terminated on 17.03.2003 vide (Annexure

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6) of the writ-petition he was dismissed from service. It was

subject matter of C.W.J.C. No. 6892 of 2003. Learned Single

Judge has allowed the writ-petition. Extract of the order is

reproduced here under:-

“This writ petition is disposed of with the

direction that the petitioner’s reversion from

Accounts Clerk was bad. Petitioner, accordingly,

be reinstated as Accounts Clerk and dismissal of

petitioner by virtue of Annexure-6 has to be

quashed. It is, however, made clear that petitioner

would get remuneration either as Chainman or as

Accounts Clerk only for the period where he has

so worked. In other words, for the period when he

was reverted as Chainman and worked as

Chainman notwithstanding entitlement of

Accounts Clerk he would get remuneration of

Chainman but from the time he is reinstated as

Accounts Clerk he would be entitled to full

remuneration of the Accounts Clerk keeping in

view notional continuity in service as Accounts

Clerk. The decision in this regard and payment in

this regard must be made to the petitioner within

three months by the Director, Land Acquisition

and Rehabilitation, Water Resources Department,

Government of Bihar, Patna.

With the aforesaid observations and

directions, the writ petition stands disposed of.”

3. Feeling aggrieved and dissatisfied with the order of the

learned Single Judge, State preferred present LPA on the sole

ground that initial appointment of the respondent was by an

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incompetent authority, therefore, further service conditions of

the respondent is to be nullified. Accordingly, the State has

taken a decision to dismiss him from service with reference to

the post of Accounts Clerk.

4. In this regard learned counsel for the State relied on

decision in the case of LPA No. 675 of 2000 and connected

matter insofar as The State of Bihar vs. Siya Ram Choudhary

and Ors. in LPA No. 681 of 2000. The Siya Ram Choudhary and

Ors. filed Civil Appeal No. 5682-5684 of 2004 and it was

decided against Siya Ram Choudhary and Ors. In the Siya Ram

Choudhary case also the initial appointment was by an

incompetent authority hence, the order of the learned Single

Judge is liable to be dismissed in the light of decision in the case

of Siya Ram Choudhary and Ors.

5. Per-Contra learned counsel for the respondent cited

decision in the case of Bhola Rawat Vs. State of