Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8397 of 2021 ====================================================== Sunil Kumar Son of Sri Chakradhar Prasad Singh Resident of - Duplex No. 18, Viajaya Golden Town, Sonari, Jamshedpur, P.O. and P.S. - Sonali, District- East Singhbhum (Jharkhand) presently posted as Director Quality (Central), Building Construction Department, Patna. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Building Construction Department, Government of Bihar, Patna.

3.

The Enginner-in-chief - cum - Additional Secretary cum Special Secretary, Building Construction Department, Government of Bihar, Patna. 4.

The Deputy Secretary to the government, Building Construction Department, Government of Bihar, Patna.

5.

Rakesh Kumar Son of not known to the petitioner, Secretary Technical to the Chief Engineer, Building Construction Department, Government of Bihar, Patna and in charge Chief Engineer, South Bihar Wing and Engineer-inChief Building Construction Department, Government of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritika Rani For the Respondent/s :

Mr. Sunil Kumar ( GP-22 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 14-02-2022 The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

In the instant petition, petitioner has prayed for the following relief/reliefs:

a. For quashing notification no.

3667 (BH) Patna dated 22.06.2020 issued under the signature of Deputy

2/4 Secretary, Building Construction Department, Government of Bihar (R.

No.4) as contained in Annexure-9 by which respondent no.5 has been transferred the post of Secretary, (Technical) to Engineer-in-Chief, Building Construction Department with direction respondent no.5 will be in Additional charge of Chief Engineer, Sough Bihar Wing and in charge of Engineer-in-chief Building Construction Department, Government of Bihar which is over the head of the petitioner.

b. Also for commanding to not fill up the vacancy of the Chief Engineer and Engineer-in-chief on the basis of the provisional seniority list dated 17.02.2020 as contained in Annexure-7 against which objection has been sought for deciding the final seniority list of superintendent

3/4 engineer which is pending uptill now.

c. Also for directing the respondents to make payment of salary from the month of Feb, 2019 to uptill now pursuant to representation dated 19.06.2020 as contain in Annexure-10 of the writ application.

d. Also necessary relief/ relief, order/ orders, direction/ directions for which the petitioners are entitled in the eye of law.

Insofar as the challenge to order dated 22.06.2020 and 17.02.2020 which are relating to transfer, the present petition is filed on 01.02.2021. Employee is required to question the validity of transfer order within a reasonable period of time like within three months. Whereas the present petition is filed after eleven months, therefore, question of entertaining the present petition, insofar as the challenge to the transfer order dated 22.06.2020 and 17.02.2020 is not proper and fair, since the aforesaid orders must have spent its force as on the date of filing, the remaining relief of payment of salary for certain period.

4/4 The concerned respondent is hereby directed to take note of petitioner's representation dated 29.06.2020 and redress the same within a period of three months from the date of receipt of this order.

With the above observation, writ petition stands disposed of.

(P. B. Bajanthri, J) Ankit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.02.2022 Transmission Date NA