Md. Zafir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1397 of 2022 ====================================================== 1.

Md. Zafir Son of Md. Tamizkhan, resident of Ward No.02, Deona, Near Masjid, Deona, P.S.- Barauni, District- Begusarai. 2.

Manibhushan Prasad Singh Son of Late Arjun Prasad Singh, Resident of Village- Raghopur, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

2.

The Engineer-in-Chief-cum-Special Secretary, Public Health Engineering Department, Govt. of Bihar, Patna.

3.

The Superintending Engineer, Public Health Circle, Begusarai, PHED. 4.

The Superintending Engineer, Public Health Circle, Saharsa, PHED. 5.

The Executive Engineer, Public Health Division, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Rai, Advocate For the State :

Mr. Arbind Ujjwal, SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2024 The present writ petition has been filed seeking the following reliefs:- "(i). To issue a writ in the nature of mandamus commanding the respondents particularly Respondent No. 3 to grant promotion to the petitioners on the vacant post of Draftsman Grade 1 w.e.f. 01.12.2011 in the pay scale of Rs. 5000 8000/-, Pay Scale PB-02 to Grade Pay Rs. 4200/-;

or In alternative to issue a writ in the nature mandamus commanding the respondent particularly Respondent No. 3 to grant the benef of 2nd MACP in the promotional post of Draftsma Grade- 1 in the pay scale of Rs. 5000-8000/-,

Patna High Court CWJC No.1397 of 2022(3) dt.16-01-2024 2/2 Pa Scale PB-02 to Grade Pay Rs. 4200/-."

2.

At the outset, the learned counsel for the petitioners has submitted by referring to the supplementary affidavit filed in the present case, that though a decision has been taken to grant promotion to the petitioner no.1 on the post of Draftsman Grade-1 and the petitioner no.2 on the post of Draftsman GradeII, but the consequential order is not being issued by the Superintending Engineer, Public Heath Circle, Begusarai, hence he be directed to do the needful, within a stipulated time frame.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Superintending Engineer, Public Heath Engineering, Begusarai, PHED to take a final decision with regard to grant of promotion to the petitioner, as aforesaid, and issue the consequential order, within a period of two weeks of receipt/production of a copy of this order. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U