Patna High CourtCWJC/9799/2016allowed

Arun Kumar v. The State Of Bihar And ORS

2017-03-30Mr. Justice Jyoti Saran3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9799 of 2016 ====================================================== Arun Kumar S/o Sri Rama Nand Singh R/o Pakri, Opposite Block Office, Punpun PO & PS Punpun District Patna.

.... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Road Contruction Department, Govt. of Bihar, Patna.

2. The Engineer-in-Chief-cum- Additional Secretary, Road Construction Department Govt of Bihar, Patna.

3. The Joint Secretary, Road Cosntruction Deptt. Govt. of Bihar, Patna.

4. The Deputy Secretary, Road Constrution Deptt. Govt. of Bihar, Patna.

5. The Department Promotion Committee Through the Principal Secretary Road Construction Department Govt of Bihar, Patna. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Adv. Mr. Avanindra Kumar Jha, Adv.

For the Respondent/s : Dr. Kamaldeo Sharma, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 30-03-2017 Heard Mr. Purushottam Kumar Jha, learned counsel for the petitioner and Dr. Kamaldeo Sharma, AC to GA-11, for the State.

Although a number of reliefs have been prayed by the petitioner in the writ petition but substantially he prays for appropriate direction to respondents no. 1 to 4 for granting him promotion to the post of Executive Engineer, Road Construction Department, Govt. of Bihar, after confirming his services with effect from the due date.

A counter affidavit has been filed and the explanation for delayed promotion of the petitioner is given at paragraphs 7 to 10

Patna High Court CWJC No.9799 of 2016 (4) dt.30-03-2017 of the counter affidavit in which it is stated that although the case of the petitioner was put up before Departmental Promotion Committee in its meeting held on 9.5.2015 but since the services of the petitioner was not confirmed as yet, that no recommendation was made. However, the respondents in paragraph 8 of the counter affidavit do admit that vide office order No. 9 dated 17.1.2017 the service of the petitioner has been confirmed and that his case for grant of ACP would be put up before the next Screening Committee. In paragraphs 9 and 10 of the counter affidavit it is stated that the case of promotion of the petitioner to the post of Executive Engineer would be put up before the Departmental Promotion Committee.

In effect thus and on principle the respondents have accepted the request of the petitioner except that no time frame has been given.

Patna High Court CWJC No.9799 of 2016 (4) dt.30-03-2017 the Departmental Promotion Committee within a maximum period of eight weeks from today, taking note of the grievance of the petitioner that in the meanwhile several juniors have been granted promotion.

The writ petition is allowed with the directions aforementioned.

(Jyoti Saran, J) Surendra/- U