Md. Ajmeri Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2067 of 2023 ====================================================== 1.

Md. Ajmeri Ansari S/o Zahiruddin Ansari, Presently Working as Rajaswa Karamchari, Circle Office, Kochas, District- Rohtas. 2.

Santosh Kumar, S/o Late Gopal Prasad Sinha, Presently Working as Rajaswa Karamchari, Circle Office, Sanjhauli, District- Rohtas. 3.

Satyanarayan Sah, S/o Late Moti Lal Sah, Presently Working as Rajaswa Karamchari, Circle Office, Rajpur, District- Rohtas. 4.

Amit Kumar Singh, S/o- Late Ram Nath Singh, Presently Working as Rajaswa Karamchari, Circle Office, Akhodigola, District- Rohtas. 5.

Satish Kumar, S/o- Ram Bachan Singh, Presently Working as Rajaswa Karamchari, Circle Office, Dehri, District- Rohtas. 6.

Arun Kumar, S/o- Late Shivshankar Prasad, Presently Working as Rajaswa Karamchari, Circle Office, Chenari, District- Rohtas. 7.

Saiyad Badshah, S/o- Gulzar Ahmad, Presently Working as Rajaswa Karamchari, Circle Office, Dehari, District- Rohtas. 8.

Chandeshwar Kumar, S/o- Late Bhaskar Sardar, Presently Working as Rajaswa Karamchari, Circle Office, Karakat, District- Rohtas. 9.

Rakesh Kumar, S/o- Kamla Prasad Singh, Presently Working as Rajaswa Karamchari, Circle Office, Nauhatta, District- Rohtas. 10.

Anil Ranjan Dubey, S/o- Late Surendra Nath Dubey, Presently Working as Rajaswa Karamchari, Circle Office, Kargahar, District- Rohtas. 11.

Sanjay Kumar Prasad, S/o- Shiv Shankar Prasad, Presently Working as Rajaswa Karamchari, Circle Office, Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Rohtas, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Shankar, Adv.

For the Respondent/s :

Mr. Navnit Kumar, AC to Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Patna High Court CWJC No.2067 of 2023(5) dt.15-09-2023 2/3

2. The petitioners were appointed as Revenue Karmchari. Subsequently, the Bihar Revenue Service Rules, 2010 has been issued providing some avenues for promotion which were claimed by way of the instant writ proceedings

3. Counter affidavit has been filed on behalf of the Respondent No.3. The statement, made in paragraph No. 11 of the counter affidavit ,reads as follows:- "11. That, it the light of facts & circumstance narrated above, the answering respondents having high regard to the directions of this Hon'ble court pray for further 8 (eight) week time to conclude the matter under the provisions of law."

4. This stand has been noted by this Court since the claim is that the petitioners are being deprived of their consideration for promotion as 'Circle Inspectors' and other equivalent post.

5. In view of averment made in the counter affidavit, placing on record statement, to conclude the process within 08 weeks, the matter need not be kept pending insofar as the claim for promotion is concerned.

6. There is another claim in the writ petition regarding the individual entitlement of the petitioners to ACP. It is submitted that they have made a representation before the District Magistrate, Rohtas, (Respondent No.3), copy of which

Patna High Court CWJC No.2067 of 2023(5) dt.15-09-2023 3/3 is enclosed as Annexure-7 to the writ petition. Petitioners' counsel submits that they would be pursuing their representation (Annexure-7) regarding ACP before the Respondent No.3. Therefore, the two issues raised in the writ proceedings, do not, at the moment, require adjudication or issuance of any direction. It is only expected that the Respondent No.3 will ensure compliance with the assurance taken note of above.

7. The writ application is, accordingly, disposed of. (Madhuresh Prasad, J) shyambihari/- U