Sanjay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4831 of 2021 ====================================================== Sanjay Kumar Gupta S/o-Shiv Parsan Lal Gupta R/o-Village-Koilwar, P.S.- Koilwar, District-Bhojpur, at Present Posted as Junior Engineer, Central Building Division Patna, P.S.-Sachivalya, District-Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Building Construction Department, Government of Bihar, Patna.
2.
The Engineer in Chief, Building Construction Department, Government of Bihar, Patna.
3.
The Engineer in Chief, Road Construction Department, Government of Bihar, Patna.
4.
The Deputy Secretary, Building Construction Department, Government of Bihar, Patna.
5.
The Deputy Secretary, Road Construction Department, Government of Bihar, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash, Advocate For the Respondent/s :
Mr. R.B. Pd. Yadav, AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 01-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioner has prayed for the following relief(s):- "(1) For issuance of a writ in the nature of 'Mandamus' commanding and directing the respondents to Correct the gradation list of Building Construction Department issue in the year 2015 as per Selection merit list and accordingly give privilege of promotion such as similar person who obtained promotion even them have
Patna High Court CWJC No.4831 of 2021 dt.01-02-2022 2/3 less selection merit list than the petitioner.
(IA). For issuance of such other writ /writs, order/ orders, direction/directions, for which the petitioner found entitled to."
The grievance of the petitioner is for the purpose of correction of gradation list of Building Construction Department issued in the year 2015. The petitioner is required to question the validity of final selection list by which he has been assigned to particular serial number/seniority. Unless ranking in the seniority list is questioned there is no question of particular rank is to be assigned to the petitioner and extending relief sought in the present petition.
Accordingly, the present petition is dismissed reserving liberty to question the validity of rank assigned in the seniority list in accordance with law.
At this stage, learned counsel for the petitioner submitted that petitioner's representation has not been considered. The concerned respondent is hereby directed to examine the petitioner's representation as to whether he has questioned the validity of seniority/rank assigned in the provisional seniority list. Once the seniority list is prepared by the official respondent the same cannot be modified by the officials unless any clerical error is stated to have been committed by the official respondent.
Patna High Court CWJC No.4831 of 2021 dt.01-02-2022 3/3 Moreover, petitioner has not apprised seniority list of which cadre. In fact for claiming any ranking in a seniority list one must produce seniority list, C & R, provisional seniority list, he/she has to implead immediate seniors etc., therefore the present petition is bereft of material information.
The present petition stands dismissed with cost of Rs. 10,000/-. Cost shall be remitted by the petitioner in the Patna High Court Legal Services Committee within a period of one month. If the cost is not paid the same shall be recovered from the petitioner towards arrears of land revenue by the concerned District Magistrate.
(P. B. Bajanthri, J) Vikash/- AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date N/A