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Patna High CourtCWJC/2386/2020disposed

Nishat Ahmed v. The State Of Bihar

2020-02-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2386 of 2020 ====================================================== Nishat Ahmed Son of Md. Moizuddin, Resident of and P.O- Line Bazar, Purnea, Presently Posted as Joint Director, Fisheries, Directorate of Fisheries, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Animal and Fish Resources Department, Government of Bihar, Patna. 2.

The Principal Secretary, Animal and Fish Resources Department, Government of Bihar,Patna.

3.

The Principal Secretary, Department of General Administration, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Advocate Mr.Satyam Shivam Sundaram For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-02-2020 Learned Senior Counsel representing the petitioner submits that he is serving as Joint Director in the department of Fisheries. The post of Director is a single post and there is no hurdle of reservation roster for being promoted as Director. The authorities have made recommendation in his favour, however decision in respect of petitioner's promotion is not being taken by respondent no. 2. The petitioner has also represented his claim before the Secretary, Animal Husbandry And Fisheries, Government of Bihar on 21.2.2019. More than a year later he has been compelled to approach this Court as no decision has been taken on the petitioner's claim.

Patna High Court CWJC No.2386 of 2020(2) dt.25-02-2020 2/2 The consideration has to be done by the respondent No. 2. No adjudication therefore is called for at present. Pendency of the instant proceedings would therefore be futile. This application is therefore disposed of with a direction to respondent No. 2 to take a final decision on petitione's claim positively within a period of eight weeks from the date of receipt/production of a copy of this order. The writ application stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U