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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1065 of 2024 In Civil Writ Jurisdiction Case No.13105 of 2024 ======================================================
1. Md.Abdul Nasir, S/o Abdul Quadir R/o Vill and Post- Harsinghpur, P.S.- Ghanshyampur, Dist-Darbhanga.
2. Neha Kumari D/o Rajeev Kumar R/o Vill-Chichri Bujurg, P.S.-Rajnagar, Dist- Madhubani.
3. Shyam Kumar S/o Dhanipat Singh R/o Ward No. 9, Haripur, Bhartaha, Bhatha Harpur, P.S.+Dist-Sitamarhi.
4. Ratnesh Kumar S/o Mahendra Sah R/o Ward No. 05, Vill-Pakariya, Post- Baburavan, District+P.S.- Sitamarhi.
5. Sonu Kumar S/o Birendra Kumar Choudhary R/o Vill-Anaith, Kurmi Tola, Post- Anaith, P.S.- Nawada Arrah, Dist- Bhojpur.
6. Mukesh Kumar Bhagat S/o Shatrajit Bhagat R/o Vill-Ghagha, P.S. -Nawada Arrah, Dist-Bhojpur.
7. Rakesh Kumar Bhagat S/o Shatrajit Bhagat R/o Vill-Ghagha, P.S. -Nawada Arrah, Dist-Bhojpur. ... ... Appellant/s Versus
1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.
2. The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department- cum-Member Secretary, Executive Committee, Bihar state Water and Sanitation Mission, First Floor, PHED Building, Vishveshvariya Bhawan Complex, Baily Road, Govt. of Bihar, Patna- 800015.
3. The Director, Bihar State Water and Sanitation Mission, P.H.E. Department, Govt. of Bihar, Patna.
4. The Chief Engineer, (Design), Public Health Engineering Department, Govt. of Bihar, Patna.
5. The I. T. Manager, Public Health Engineering Department, Govt. of Bihar, Patna.
6. The Superintending Engineer, P.H.E. Department, Ara Circle, Sheikhpura/Darbhanga/Sitamarhi/Bhojpur.
7. The Executive Engineer, Public Health Engineering Division, Sheikhpura/Darbhanga/Sitamarhi/Bhojpur. ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Siyaram Pandey, Advocate Mr. Santosh Kumar Jha, Advocate For the Respondent/s : Mr. Addl. Advocate General (5) ======================================================
Patna High Court L.P.A No.1065 of 2024 dt.25-02-2025 2/3
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 25-02-2025 The appellants are Lab Assistants whose services were engaged by the Public Health Engineering Department under a policy, which over a period of time underwent a paradigm shift with the Government deciding to hire employees by out-sourcing.
2. The appellants wanted that considering their experience in the field, they should have been given weightage even by the out-sourcing agency.
3. We are afraid, whether such a direction could be given to a private agency who would ultimately be contacted by the Government department for supplying manpower; nonetheless, finding that the learned Single Judge has observed that hiring the appellants, who are experienced, would only facilitate the functioning of the labs, we permit the appellants to withdraw this appeal in
order to approach the authorities along with the judgment
Patna High Court L.P.A No.1065 of 2024 dt.25-02-2025 3/3 of the learned Single Judge for the redressal of their grievances.
4. The Letter Patent Appeal stands disposed of as withdrawn with the liberty aforesaid.
P.K.P./- (Ashutosh Kumar, ACJ) (Partha Sarthy, J) AFR/NAFR CAV DATE Uploading Date 28.02.2025 Transmission Date