Mithilesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.727 of 1997 ====================================================== Mithilesh Kumar, son of Maheshi Ram, Live Stock Assistant, Block Animal Husbandary Office, Makhdumpur Block, District- Jehanabad. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Director, Animal Husbandary Department, Government of Bihar, Patna

3. The Regional Director, Animal Husbandary Department, Magadh Area, Gaya

4. The Adarsh Gram Officer, Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Ravi Kumar Singh, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 21-09-2017 The issue involved in this writ petition pertaining to promotion/appointment of the petitioner on a Class-III post by the Regional Director, Animal Husbandary Department, has been answered against the petitioner in C.W.J.C. No. 10491 of 1997 and various other cases on 25.11.2014 wherein it has been held that the Regional Director in Animal Husbandry Department does not have any authority to make appointment in a Class-III post, which is the State Cadre.

Keeping in view the aforesaid, no further indulgence into the matter is called for. However, in case by virtue of certain observations made by the Full Bench in the aforesaid judgment any benefit accrues to the petitioner for

Patna High Court CWJC No.727 of 1997 dt.21-09-2017 2/2 seeking further consideration by the State Government or any other authority, liberty shall be available to the petitioner to raise the claim before the competent authority, if advised and if grievance of the petitioner still subsists.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 22.09.2017 Transmission Date