Chandra Bhan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.61 of 2019 ====================================================== Chandra Bhan Singh Son of Late Ram Bharat Singh, Resident of A2 Anand Vihar Colony, Ambedkar Path Bailey Road, P.O.- B.V. College, P.S.- Rupaspur, District- Patna.

... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

3.

The Joint Secretary, Water Resources Department, Government of Bihar, Patna.

4.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

5.

The Additional Secretary, Department of Finance, Personal Fixation Cell, Government of Bihar, Patn 6.

The Accountant General, Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur Mr. Md.Imteyaz Ahmad For the Respondent/s :

Mr. Harish Kumar -Gp8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-05-2019 Matter has been listed today in the Summer Vacations as the learned Counsel for the petitioner was desirous for consideration of his case during Vacation. The slip for listing was filed pursuant to notice dated 08th May 2019, published prior to the Vacation. The matter is, accordingly taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

The petitioner is claiming benefits of junior selection

Patna High Court CWJC No.61 of 2019(2) dt.28-05-2019 2/2 grade and senior selection grade relying upon the fact that his junior, Shiv Shankar Khan, has been granted the same ignoring his claim. The petitioner's claim dated 24.2.2017 (Annexure 9) is pending consideration before the Principal Secretary of the Water Resources Department (respondent No. 2). It is submitted that the petitioner would be satisfied if this Court directs respondent No. 2 to take a final decision on the pending claim of the petitioner.

In view of the limited submission made today and since on the entitlement of the petitioner, having regard to the said person, decision has to be taken by respondents themselves pendency of the writ petition would be futile. In the aforesaid circumstances, respondent No. 2 is directed to take a final decision on the petitioner's claim (Annexure 9) within a period of three months from the date of receipt/production of a copy of this order. In the event, any dues are found admissible upon the claim of the petitioner the same should also be paid within a period of one months thereafter. The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U