Saroj Bala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6074 of 2021 ====================================================== Saroj Bala Devi Wife of Late Gauri Shanker Prasad, resident of Village- Sherpur Kayasth Tola, Shiv Mandir Ke Samne, P.S. - Sadar, District - Muzaffarpur, Presently working in the Office of Executive Engineer, Minor Irrigation Division, Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Prinicpal Secretary, Department of Minor Water Resources Department, Govt. of Bihar, Patna.

3.

The Chief Engineer, Minor Water Resources Department, Govt. of Bihar, Patna.

4.

The Chief Engineer, Minor Water Resources Department, Muzaffarpur. 5.

The Executive Engineer, Minor Irrigation Division, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhanesh Misra, Advocate For the Respondent/s :

Mr.Sita Ram Yadav, GP 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-02-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. Learned State counsel accepts notice for respondents. Learned counsel for the petitioner is hereby directed to furnish a copy of the petition to learned counsel for the State if it has not already furnished.

In the instant petition, petitioner has prayed for the following relief(s):- "(i) For directing the respondent authorities to consider the case of promotion of the petitioner in Class III in the clerical grade with effect from the date the junior have been promoted.

Patna High Court CWJC No.6074 of 2021 dt.07-02-2022 2/2 (ii) For directing the respondent authorities to pay the salary and emoluments of Class II post of clerks from the date of such promotion.

(iii) For any other relief or reliefs for which the petitioner entitled in the eye of law."

Short question for consideration in the present petition is whether the petitioner is entitled to promotion to the post of Class III post or not from the date of his immediate junior? In this regard, the concerned respondent is hereby directed to examine service particulars of the petitioner and his immediate junior who is stated to have been promoted to Class III. If the petitioner is otherwise eligible necessary speaking order shall be passed in promoting petitioner to Class III on par with his immediate junior and extend monetary benefits from the date of his junior and pay arrears while calculating and disbursed to the petitioner. If the petitioner is not eligible in that event necessary speaking order shall be passed and communicated to the petitioner. The above exercise shall be completed within a period of two months from the date of receipt of this order.

With the aforesaid observations, the present writ petition stands disposed off.

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