Dayanand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4853 of 2020 ====================================================== Dayanand Chaudhary Son of Ram Punit Chaudhary, R/o Village Siriyapur, P.S. Basopatti, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary Department of Rural Development, Government of Bihar, Patna.

3.

The Joint Secretary, Rural Development Department-Cum- Deputy Project Director, Government of Bihar, Patna.

4.

The Director of Bihar Rural Development Society Bihar 5.

The Chief Executive Officer, Bihar Rural Development Society, Department of Rural Development, Government of Bihar, Patna. 6.

The District Magistrate, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Respondent/s :

Mr. Sudhir Kumar Upadhyay (AC to GP-7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed by the petitioner for a direction to the respondents to appoint the petitioner on the post of District Finance Manager after following the guidelines of Human Resource Development Manual contained in Rule 2.15.10 by which the additional score is awarded to the existing candidates in the selection process on the basis of performance grade and as per the claim the

Patna High Court CWJC No.4853 of 2020(2) dt.29-03-2024 2/3 petitioner is the existing candidate of the department working on the post of audit assistant and possess all requisite qualification for the post of District Finance Manager.

3. Learned counsel for the petitioner submits that petitioner having qualification of M.Com. and C.A. (Inter). With regard to his non-fulfillment of his grievances, he has filed representation to the Chief Executive Officer, Bihar Rural Development Society (Annexure-6) on 25.01.2020 through mail but there is no decision has been taken on the said representation till date.

4. Learned counsel for the State submits that he has received the instruction but counter affidavit could not be filed. He seeks a short adjournment for filing the counter affidavit. Upon the specific query of the Court that whether the CEO has passed order on the representation filed by the petitioner dated 25.01.2020. Counsel for the State submits that from the written material received from the office it transpires that no order has been passed on the representation of the petitioner.

5. In this view of the matter, this writ petition is disposed off directing the Chief Executive Officer, Bihar Rural Development Society, Department of Rural Development, Government of Bihar, Patna (respondent No.5) to pass a

Patna High Court CWJC No.4853 of 2020(2) dt.29-03-2024 3/3 reasoned and speaking order on the representation filed by the petitioner within 90 days from the date of receipt/production of a copy of this order. The petitioner shall be at liberty to raise some additional point which has been developed during pendency of the writ petition. Since election has been notified, therefore, 90 days period shall be counted from the date of end of election.

(Dr. Anshuman, J) Mkr./- U