Rajendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5057 of 2021 ====================================================== Rajendra Prasad Singh S/o Late Deoki Singh Resident of Village- Suraj Mansion Apartment, Flat No. 204, Road No. 8, East Patel Nagar, P.S. Shastri Nagar, District- Patna- 800023. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Secretary, Rural Works Department, Government of Bihar, Patna. 3.

The Engineer-in- Chief, Rural Works Department, Government of Bihar, Patna.

4.

The Additional Secretary, Rural Works Department, Government of Bihar, Patna.

5.

The Principle Secretary, Finance Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate For the Respondent/s :

Mr. Kumar Alok, SC 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned State counsel accepts notice for respondents. Learned counsel for the petitioner is hereby directed to serve a copy of the petition on learned counsel for the State if it not already served.

In the instant petition, petitioner has prayed for the following relief(s):- "For issuance of appropriate writ/writs, order/orders, direction/directions to the Respondent authorities to consider the to

Patna High Court CWJC No.5057 of 2021 dt.16-02-2022 2/3 case of the petitioner for Promotion to the Post of Executive Engineer with all consequential benefits w.e.f. of 05.08. 2016 and subsequent promotion to the post of Superintending Engineer w.e.f.

18.02.2019 as on the aforesaid dates the Juniors to the petitioner have been given such promotion.

The petitioner further prays for a direction on the respondents to pay the petitioner difference of arrear of salary on account of aforesaid to promotions from due date of payment to actual date of payment. The petitioner further prays for which he may be for any other relief (s) found entitled in the eye of law."

In support of the aforesaid relief petitioner has submitted representations on 28.06.2019, 08.12.2020 and 11.01.2021 (Annexure-6, 7 & 10). The concerned respondent has not taken any decision on petitioner's representations. Learned counsel for the petitioner relied on decision in LPA No. 1761 of 2010 decided on 15.07.2016. It is also submitted that as on the date of junior's promotion petitioner was fully qualified and eligible, therefore, he is entitled for promotion to the post of Executive Engineer w.e.f. 05.08.2016 and for the post of Superintending Engineer w.e.f. 18.02.2019.

The appointing authority for the aforesaid post is hereby directed to examine the eligibility of the petitioner. If the petitioner

Patna High Court CWJC No.5057 of 2021 dt.16-02-2022 3/3 is otherwise eligible he be promoted from the date of junior's promotion. The appointing authority is also hereby directed to examine whether as on the date of 05.08.2016 and 18.02.2019 petitioner was facing any disciplinary proceedings or criminal proceedings like issuance of charge memo and charge-sheet. He is also hereby directed to take note of decision Union of India v. K.V. Janakiraman reported in (1991) 4 SCC 109. If the petitioner has overcome the aforesaid hurdles in that event he be promoted from the date of his junior's promotion, i.e., to the Executive Engineer and Superintending Engineer and extend all monetary benefits including service benefits. If the petitioner is not eligible in that event necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of four months from the date of receipt of this order. With the aforesaid observations, the present writ petition stands disposed off.

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