Patna High CourtCWJC/7216/2017allowed

Babban Sharma v. State Of Bihar And ORS

2017-05-15Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7216 of 2017 ====================================================== BABBAN SHARMA SON OF LATE RAM KISHUN SHARMA, RESIDENT OF VILLAGE BANJARI POLICE STATION ROHTAS, DISTRICT ROHTAS. .... .... Petitioner

Versus

1 State of Bihar through Principal Secretary, Rural works Department, Bihar, Patna

2. Principal Secretary, Rural works department, Bihar

3. Deputy Secretary, Rural Works Department, Bihar

4. Superintending Engineer, Karj Pramandal 1, Motihari

5. Executive Engineer, Karj Pramandal, Motihari..... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Singh, Advocate For the Respondents : Mr. Archana Meenakshee- GP6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 15-05-2017 Petitioner was an employee of the Bihar State Road Transport Corporation (herein after referred to as 'the Corporation') . He was subsequently absorbed in the services of the State Government. He has been granted time bound promotion without consideration of the period spent by him in the parent department. It appears that the issue has already been resolved in C.W.J.C.No. 15013 of 2013 (Priya Ranjan Sharma Vs. The State of Bihar and others) disposed of on 14.12.2016. It has been observed in the said decision that the period spent by the petitioner in the Corporation will be taken into consideration while granting the benefit of ACP. A copy of the order is annexed as Annexure 4 to the writ petition.

In that view of the matter, the case of petitioner is

Patna High Court CWJC No.7216 of 2017 (2) dt.15-05-2017 2/2 referred to the Principal Secretary, Rural Works Department, Government of Bihar (respondent no.2) for granting him the benefit of ACP after taking into consideration the period spent by the petitioner in the parent department. Respondent no.2 will pass appropriate order within a period of three months from the date of receipt of a copy of this order.

The writ petition is allowed to the extent above. (Samarendra Pratap Singh, J) Shashi.