Patna High CourtCWJC/9862/2014disposed

Basudeo Trivedi v. The State Of Bihar And ORS

2016-11-30Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9862 of 2014 =========================================================== Basudeo Trivedi, S/O Late Shri Niwash Trivedi, resident of Mahavir Colony (East) Road No.-9, Rajendra Path, Beur, Patna at present posted at District Provident Fund Office, Patna .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Finance Department, Govt. of Bihar, Patna

2. The Principal Secretary, Finance Department, Govt. of Bihar, Patna

3. The Principal Secretary, Karmic Department Govt. of Bihar, Patna

4. The Secretary (Expenditure) Finance Department, Govt. of Bihar, Patna

5. The Joint Secretary, Finance Department, Govt. of Bihar, Patna

6. The Superintendent, Govt. Stationary Store and Publication, Gulzarbag, Patna- 7

7. The Superintendent Secretariat Press, Gulzarbag, Patna- 7

8. The Director Provident Fund, Pant Bhawan, Patna

9. The District Provident Fund Officers, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bankey Bihari Singh Mr. Sanjay Kumar For the Respondent/s : Mr. Sanjay Kumar Ojha AC to GP-7 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 30-11-2016 Heard learned counsel for the petitioner and counsel for the State.

The State is not denying the fact that there is an occasion for consideration of the case of the petitioner for grant of promotion, however, the only impediment is that a Rule has been prepared under Article 309 of the Constitution of India and notified on 18th of May, 2015, any claim for promotion from Class-IV to Class-III post will have to be considered in accordance with the

Patna High Court CWJC No.9862 of 2014 dt.30-11-2016 2/2 Rules, especially Rule 5.

In view of the above, the writ application is disposed off with an observation that the Director, Provident Fund will take steps for consideration of the claim of all eligible persons, whose claim can be considered for grant of promotion from the post of Class-IV to Class-III within a reasonable time-frame.

Writ application stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 01.12.2016 Transmission Date