Birendra Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19571 of 2016 ====================================================== Birendra Singh Son of Sri Sita Ram Singh, Resident of Village Kharauli, P.O. Balua, P.S. Juthni District Siwan, Presently working as field oversear, Tirhut Agriculture College, Dholi, Muzaffarpur under Dr. Rajendra Prasad Central Agricltural University.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Agricultural Production Commissioner, Bihar, Patna.

2.

The Bihar Agricultural University, through its Registrar, having its Office at Sabour, District- Bhagalpur.

3.

The Vice Chancellor, Bihar Agricultural University having its office at Sabour, District- Bhagalpur 4.

The Registrar, Bihar Agricultural University. 5.

The Director Administration, Bihar Agricultural University, Sabour District Bahgalpur.

6.

Dr. Rajendra Prasad Central Agriculture Univesity though its Registrar. 7.

Babloo Prasad Yadav father name is not known to the petitioner, presently working Bihar Agriculture College, Sabour, Bhagalpur. 8.

Mukesh Prasad Singh, father's name is not known to the petitioner, Presently working at Bihar Agriculture College, Sabour, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar,, Adv.

Mr. Vaidehi Raman Prasad Singh, Adv.

For the State :

Mr. Sunil Kumar Mandal, SC-3 For Respondent No.6 :

Mr. Vijay Shankar Upadhaya, Adv.

For Respondent No.4 :

Rajendra Lal Das, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner, learned counsel appearing for Dr. Rajendra Prasad Central Agriculture

2/4 Univesity, learned counsel for Bihar Agricultural University and learned counsel for the respondents-State.

2. With the consent of the parties the present writ application is disposed of at this stage.

3. In the present writ application the petitioner has prayed for the grant of following reliefs:

"That this is an application for a direction to Respondent 1 to 4 to give promotion to the petitioner from the post of field Overseer to the post of Junior Research Assistant (Nontechnical) effective from 25.08.2014 by office order dated 30.05.2015, i.e. from the date, persone junior to the petitioner in the seniority list have been given promotion with all consequential benefits."

4. Learned counsel for the petitioner submits that he has already been granted promotion with effect from 01.07.2018, although as per the petitioner the petitioner should have got it from 25.08.2014. In 2014 he was working at Bihar Agricultural University, Sabour, District-Bhagalpur.

5. Learned counsel for the petitioner therefore submits that for claiming promotion from 25.08.2014, the petitioner is

3/4 ready to file a representation before the Vice-Chancellor, Bihar Agricultural University, Sabour, District-Bhagalpur. He further prays that if such a representation is filed by the petitioner, an appropriate direction be issued to the Vice-Chancellor, Bihar Agricultural University, Sabour, District-Bhagalpur to dispose of the said representation on merit within a fixed time frame, after giving an opportunity of hearing to the petitioner.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, the learned counsels appearing for respondent parties do not have any objection.

7. Since the prayer made by learned counsel for the petitioner is of limited nature, therefore, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Vice-Chancellor, Bihar Agricultural University, Sabour, District-Bhagalpur within one month from today, and if such a representation is filed, Vice-Chancellor, Bihar Agricultural University, Sabour, District-Bhagalpur is directed to dispose of the same within six months after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the ViceChancellor, Bihar Agricultural University, Sabour, DistrictBhagalpur should be a reasoned and speaking order.

4/4

8. With the aforesaid observation and direction and liberty as granted, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan U