Rohit Kumar v. The Principal Secretary, Art, Culture And Youth Department And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4721 of 2019 ====================================================== Rohit Kumar, Son of Late Surendra Prasad, Resident of Mohalla- Deewan, Pato Ki Bag, Thanganj, Sampat Chak, P.S.- Khajekalan, District- Patna800008 ... ... Petitioner/s

Versus

1.

The Principal Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna 2.

The Joint Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna 3.

The Director, Museum, Bihar, Patna 4.

The Additional Director, Patna Museum, Govt. of Bihar, Patna 5.

The District Magistrate-cum-Chairman, District Compassionate Committee, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar Karn, Advocate For the Respondents :

Mr. Anant Prasad Singh (SC-15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 27-03-2019 Heard the learned counsel for the petitioner and the State.

2. The petitioner was appointed on compassionate ground because his father had died in harness. At the time when appointment was given to the petitioner on compassionate ground, there were posts available in ClassIII but the petitioner was adjusted on a Class-IV post.

Patna High Court CWJC No.4721 of 2019 dt.27-03-2019 2/3

3. Learned counsel for the petitioner submits that there is a quota rule of promoting employees from ClassIV to Class-III and under such rule, a recommendation has been made by the Joint Secretary to the Government to the Additional Director, Patna Museum for considering the case of the petitioner for being promoted to the Class-III post for which he has necessary qualification.

4. The aforesaid recommendation has been made in the year 2017 but till date no decision has been taken by the Additional Director, Patna Museum, Patna.

5. Under the aforesaid circumstances, this Court directs the petitioner to make a representation before the Additional Director, Patna Museum, Patna (respondent no.

4) within a period of four weeks from today, annexing a copy of the order passed in the present writ petition as also the recommendation contained in Annexure-8 to the writ petition. On receipt of such representation, the respondent no. 4 shall pass a reasoned order in accordance with law within a period of six weeks thereafter.

Patna High Court CWJC No.4721 of 2019 dt.27-03-2019 3/3

6. With the aforesaid direction/observation, the writ petition is disposed of.

(Ashutosh Kumar, J) krishna/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.04.2019 Transmission Date