Rajendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.618 of 2017 IN Civil Writ Jurisdiction Case No. 11786 of 2008 =========================================================== Rajendra Prasad Singh, S/o Late Ramesh Prasad Singh, resident of House No. 14A, Kasturba Path, North Sri Krishnapuri, P.S. Sri Krishnapuri, District - Patna .... .... Appellant/s

Versus

1. The State of Bihar

2. Secretary and Commissioner, Water Resources ( Irrigation ) Department, Government of Bihar, Patna

3. Joint Secretary, Water Resources ( Irrigation ) Department, Government of Bihar, Patna

4. Engineer - in - Chief ( North ), Water Resources ( Irrigation ) Department, Government of Bihar, Patna

5. Accountant General ( A & E ), Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Rohit Kumar For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 12-04-2018 Heard counsel for the appellant and counsel for the State. Since substantive appointment is based on one too many factors depending upon the seniority, eligibility vis a vis the other eligible candidates and coupled with the fact that all along the petitioner was only allowed to function as Engineer-in-Chief in the pay scale of Chief Engineer and that too for the limited period of less

Patna High Court LPA No.618 of 2017 dt.12-04-2018 2/2 than one year when he superannuated, the learned Single Judge has committed no error by dismissing the writ application refusing to order for substantive promotion on the post of Engineer-in-Chief. Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Devendra/Arjun AFR/NAFR NAFR CAV DATE NA Uploading Date 13.04.2018 Transmission Date NA