Md. Musharraf Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3248 of 2023 ====================================================== Md. Musharraf Alam Son of Late Md. Nazimuddin, R/o Village- Masnadpur, P.S.- Azam Nagar, District- Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of General Administration, Govt. of Bihar, Patna.
2.
The Secretary, General Administration, Govt. of Bihar, Patna. 3.
The District Magistrate, Katihar.
4.
The Deputy Collector, Establishment, Katihar. 5.
The Block Development Officer, Barsoi, District- Katihar. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Ataur Rahman For the Respondent/s :
Mr. Manish Kumar ( Gp 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2.
Learned counsel for the State submits that counter affidavit has been filed. Hard copy has also been filed on 22-082023. 3.
Learned counsel for the State submits that in view of certain orders passed in Civil Review No. 4880/2017, pending before the Hon'ble Apex Court, the Authorities have issued a letter dated 11-04-2019, Annexure 3/6 & 3/7 of the counter affidavit, to the effect that promotions are not to be taken up till disposal of the pending Civil Review No.
Patna High Court CWJC No.3248 of 2023(3) dt.24-08-2023 2/2 4880/2017.
4.
No other hindrance has been placed on record in the counter affidavit, coming in the way of the petitioner's promotion. The Court, therefore, does not consider it necessary to keep the matter pending, as it would serve no useful purpose. It is apparent from the stand in the counter affidavit that only after disposal of Civil Review No. 4880/2017, petitioner's claim for promotion can be considered.
5.
It is, therefore, open to the petitioner to approach the Authority, immediately after disposal of Civil Review No. 4880/2017, subject to result in the proceedings pending before the Hon'ble Apex Court.
6.
Accordingly, writ petition is disposed of.
(Madhuresh Prasad, J) Raj kishore/- U