Shyam Nandan Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.82 of 2015 IN Civil Writ Jurisdiction Case No. 18068 of 2012 ===========================================================
1. Shyam Nandan Prasad Son of Late Brij Nandan Prasad resident of 202, Akanksha Mira Palace, Akashvani Road, Khajpura P.S. Shastrinagar, District Patna .... .... Appellant/s
Versus
1. The State of Bihar
2. The Secretary, Road Construction Department, Bihar, Patna
3. The Chief Engineer, Central Design Organization, Road Construction Department, Bihar, Patna .... .... Respondent/s =========================================================== Appearance :
For the Appellant/s : Mr. Prabhu Nath Pathak For the Respondent/s : Mr. Vijaya Laxmi Srivastava, AC to SC 23 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 15-09-2017 Seeking exception to an order dated 13.01.2014 passed by the learned Writ Court in CWJCNo.18068 of 2012 rejecting the writ petition filed by the petitioner, this appeal has been filed under Clause 10 of the Letters Patent.
Petitioner claims parity with Shri Shailendra Kumar Sinha who was promoted on the post of Research Assistant with effect from 26.02.1981 and thereafter Assistant Research Officer in the Central Design Organization, Road Construction Department, Bihar, Patna, in the light of an order dated 29.06.1988 passed by the
Patna High Court LPA No.82 of 2015 dt.15-09-2017 2/3 Jharkhand High Court in CWJC No. 5818 of 2004 and MJC No. 1736 of 2012. Grievance of the petitioner is that when he made identical claim this Court initially directed the Secretary of the Department to consider the case of the petitioner and the Secretary vide order dated 23.07.2012 having rejected the claim the writ petition was filed. The Writ Court found that Shri Shailendra Kumar Sinha was granted promotion on the post by an order passed by the Jharkhand High Court as he was an employee working in the State of Jharkhand and, therefore, the petitioner cannot be granted the similar benefit.
Learned counsel for the petitioner argues that promotion was granted to Shri Shailendra Kumar Sinha in view of certain recommendation made by the Committee constituted in the State of Bihar on 25.04.2001 and, therefore, the petitioner is also entitled to the said benefit. The learned Writ Court has found that the benefit granted to an employee of Jharkhand cannot be claimed by the petitioner until and unless it is established that any person junior to the petitioner in the State of Bihar has been granted the promotion and the petitioner is superseded and discriminated in the State of Bihar vis-à-vis his junior employee.
We find no error in the order of the learned Writ Court dismissing the writ petition warranting reconsideration. The appeal is,
Patna High Court LPA No.82 of 2015 dt.15-09-2017 3/3 therefore, dismissed.
(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 19/09/2017 Transmission Date N.A.