Sunil Kumar Sharma vs. The State Of Bihar The Commissioner Cum Principal Secretary Health And Family Welfare The State Of Bihar Health And Family Welfare

ITEM NO.31 COURT NO.10 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 11885/2012

(arising out of judgment and order dated 12/07/2011 in LPA No. 261 of 2008 passed by the Parna High Court)

STATE OF BIHAR & ORS. Petitioner(s)

VERSUS

DEVENDRA SHARMA Respondent(s)

(with interim relief and office report)

WITH

SLP(C) No. 11886/2012 (With Office Report)

SLP(C) No. 11887/2012 (With Office Report)

SLP(C) No. 20033/2012 (With appln.(s) for permission to file additional documents and appln.(s) for c/delay in filing SLP and Office Report)

SLP(C) No. 20036/2012 (With Office Report)

SLP(C) No. 20038/2012 (With Office Report)

SLP(C) No. 24742/2012 (With Office Report)

SLP(C) No. 24743/2012 (With Office Report)

SLP(C) No. 24744/2012 (With Office Report) SLP(C) No. 24745/2012 (With Office Report) Digitally signed by Rajesh Dham Date: 2014.12.15 17:19:36 IST Reason: Signature Not Verified

SLP(C) No. 24748/2012 (With Office Report) SLP(C) No. 24749/2012 (With Office Report) SLP(C) No. 24753/2012 (With Office Report) SLP(C) No. 24754/2012 (With Office Report) SLP(C) No. 150/2014 (With Office Report) SLP(C) No. 151/2014 (With Office Report) SLP(C) No. 152/2014 (With Office Report) SLP(C) No. 155/2014 (With Office Report) SLP(C) No. 156/2014 (With Office Report) SLP(C) No. 157/2014 (With Office Report) SLP(C) No. 158/2014 (With Office Report) SLP(C) No. 159/2014 (With Office Report) SLP(C) No. 160/2014 (With Office Report) SLP(C) No. 161/2014 (With Office Report) SLP(C) No. 162/2014 (With Office Report) SLP(C) No. 2042/2014 (With Interim Relief and Office Report) SLP(C) No. 2190/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 2191/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 2192/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 2193/2014 (With appln.(s) for c/delay in filing SLP and Office Report) SLP(C) No. 23837/2014 (With Office Report) SLP(C) No. 22300/2014 (With appln.(s) for exemption from filing O.T. and Interim Relief and Office Report) Date : 12/12/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Rajnit Kumar, Solicitor General Mr. Manish Kumar, Adv. Mr. Gopal Singh,Adv. Mr. ChandanKumar, Adv. Mr. Samir Ali Khan,Adv. SLP 23837/2014 Mr. Saurabh Mishra,Adv. (NOT PRESENT) SLP 22300/2014 Mr. A. P. Mohanty,Adv. (NOT PRESENT) For Respondent(s) Mr. Manu Shanker Mishra,Adv. Mr. Nishant Kumar, Adv. Mr. Akhilesh Kumar Pandey,Adv. Ms. Swati Chandra, Adv. Ms. A. Dwivedi, Adv. Mr. Sunil Kumar, Sr. Adv. Mr. Atul Kumar, Adv. Mr. Rohini Prasad, Adv. Mr. Himanshu Shekhar,Adv. Mr. Mohit Kumar Shah,Adv. Mr. Pahlad Singh Sharma,Adv.

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Mr. R.D. Upadhyay,Adv. Mr. Abhinav Rao, Adv. Mr. Gaurav Agrawal,Adv. Mr. Nagendra Rai, Sr. Adv. Mr. Aabhas Parimal, Adv. Mr. T. Mahipal,Adv. Mr. Ashok Kumar Tiwary, Adv. Ms. Sandhya Tiwary, Adv. Mr. Shiv Kumar Suri,Adv. Mr. Shiv Kumar Suri, Adv. Mr. Shikhil Suri, Adv. Ms. Akriti Gupta, Adv. Mr. Satendra K. Rai, Adv. Ms. Ruhi Chanda, Adv. Mr. Ajay Yadav, Adv. Mr. K. V. Mohan,Adv. Mr. Rajesh Prasad Singh,Adv.

UPON hearing the counsel the Court made the following O R D E R

S.L.P. (C) No. 11885 of 2012; S.L.P. (C) No. 11886 of 2012; S.L.P.(C) No. 11887 of 2012; S.L.P. (C) No. 20033 of 2012; S.L.P.(C) No. 20036 of 2012; S.L.P. (C) No. 20038 of 2012; S.L.P. (C) No. 24742 of 2012; S.L.P. (C) No. 24743 of 2012; S.L.P. (C) No. 24744 of 2012; S.L.P. (C) No. 24745 of 2012; S.L.P.(C) No. 24748 of 2012; S.L.P.(C) No. 24749 of 2012; S.L.P.(C) No. 24753 of 2012; S.L.P.(C) No. 24754 of 2012; S.L.P.(C) No. 150 of 2014; S.L.P.(C) No. 151 of 2014; S.L.P. (C) No. 152 of 2014; S.L.P.(C) No. 155 of 2014; S.L.P.(C) No. 156 of 2014; S.L.P.(C) No. 157 of 2014; S.L.P.(C) No. 158 of 2014; S.L.P.(C) No. 159 of 2014; S.L.P.(C) No. 160 of 2014; S.L.P.(C) No. 161 of 2014; S.L.P.(C) No. 162 of 2014; S.L.P.(C) No. 2042 of 2014; S.L.P.(C) No. 2190 of 2014; S.L.P.(C) No. 2191 of 2014; S.L.P.(C) No. 2192 of 2014 and S.L.P.(C) No. 2193 of 2014

We have gone into the facts of some of the cases

and found that it is not as if the respondents were working for a substantial period of time. For example, in S.L.P. (Civil) No. 11885 of 2012, the High Court has mentioned in the impugned order that admittedly the petitioner (respondent before us) has completed more than 10 years of service. Factually, it does not appear to be correct.

In these circumstances, we are of the opinion that it would be more appropriate if the petitioners prepare a chart/tabular statement pertaining to each respondent indicating the date of joining and the date of termination, including the date of reinstatement and their continuance in service, if any.

The chart/tabular statement may be filed within eight weeks.

The matters to be listed in the last week of February, 2015.

S.L.P. (C) No. 23837 of 2014

There is no appearance on behalf of the petitioners.

Special leave petition is dismissed for non-prosecution.

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S.L.P.(C) No. 22300 of 2014

There is no appearance on behalf of the petitioner.

Special leave petition is dismissed for non-prosecution.

COURT MASTER COURT MASTER

(RAJESH DHAM) (JASWINDER KAUR)