Surya Narayan Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5135 of 2020 ====================================================== Murari Prasad, Male, aged about 75 years, Son of Late Jagdish Prasad Resident of House No. 05, Old Arvind Mahila College, Near Royal Nursery, P.S.- Phulwari, District- Patna.
... ... Petitioner
Versus
1.
The State of Bihar 2.
The Chief Secretary, Government of Bihar, Patna. 3.
The Additional Chief Secretary-cum- Appellate Authority General Administration Department- cum- Appellate Authority, Service Complaint Redressal, Government of Bihar, Patna.
4.
The Service Complaint Redressal Officer, General Administration Department, Government of Bihar, Patna.
5.
The Bihar Public Service Commission Through its Secretary, Bailey Road, Patna.
6.
The Secretary, Bihar Public Service Commission, Bailey Road, Patna. ... ... Respondents ====================================================== with Civil Writ Jurisdiction Case No. 5141 of 2020 ====================================================== Surya Narayan Tiwari, Male, aged about 75 years, Son of Late Sukhdeo Tiwari Resident of Flat No. 301-A, Harihar Apartment, Shyamal Hospital Road, Ashiyana Nagar, Khajpura, Patna.
... ... Petitioner
Versus
1.
The State of Bihar 2.
The Chief Secretary, Government of Bihar, Patna. 3.
The Additional Chief Secretary-cum- Appellate Authority General Administration Department-cum- Appellate Authority, Service Complaint Redressal, Government of Bihar, Patna.
4.
The Service Complaint Redressal Officer, General Administration Department, Government of Bihar, Patna.
5.
The Bihar Public Service Commission Through its Secretary, Bailey Road, Patna.
6.
The Secretary, Bihar Public Service Commission, Bailey Road, Patna. ... ... Respondents ====================================================== Appearance :
Patna High Court CWJC No.5135 of 2020(3) dt.23-06-2021 2/3 (In Civil Writ Jurisdiction Case No. 5135 of 2020) For the Petitioner :
Mr.Jagnnath Singh, Advocate For the Respondents :
Mr.Md. N.H. Khan (SC1) For the Commission :
Mr. Sanjay Pandey, Advocate (In Civil Writ Jurisdiction Case No. 5141 of 2020) For the Petitioner :
Mr.Jagnnath Singh, Advocate For the Respondents :
Mr.Md. Nadim Seraj ( GP5 ) For the Commission :
Mr. Sanjay Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-06-2021 Heard learned counsel appearing on behalf of the petitioners; learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the Commission. Both the writ applications involve identical issue of grant of promotion. The grievance of the petitioners in the present cases is that the respondents have not considered the case of the petitioners for grant of promotion as meeting of the Departmental Promotion Committee was not held while the petitioners were in job.
Counsel for the petitioners would submit that the identical issue was considered by this Court in CWJC No. 5121 of 2020 (Abhimanyu Prasad Sinha Vs. The State of Bihar and others) and CWJC No. 5134 of 2020 (Kamdev Prasad Karn Vs. The State of Bihar & others) vide order dated 12.11.2020 and both the writ applications were disposed of.
In order to maintain consistency, both the writ applications are disposed of with direction to the respondents to consider the case of the petitioners in the light of the order dated
Patna High Court CWJC No.5135 of 2020(3) dt.23-06-2021 3/3 12.11.2020 passed in CWJC No. 5121 of 2020 (Abhimanyu Prasad Sinha Vs. The State of Bihar and others) and CWJC No. 5134 of 2020 (Kamdev Prasad Karn Vs. The State of Bihar & others) and grant all consequential benefits accordingly. (Anil Kumar Upadhyay, J) BT/- U