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Patna High CourtCWJC/12385/2014dismissed

Motilal Ram v. The State Of Bihar And ORS

2019-04-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 12385 of 2014 ====================================================== Motilal Ram, S/o Shri Ramdeo Ram, R/o Village Parshurampur, P.O. Murartpur, Via Turkulia, P.S. Turkulia, District East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Rural Work Department, Government of Bihar, Patna 2.

The Principal Secretary, Rural Work Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief, Rural Work Department, Government of Bihar, Patna.

4.

The Superintendent Engineer, Rural Work Department, Work Circle, Motihari, East Champaran.

5.

The Superintendent Engineer, Rural Work Department, Work Circle, Bettiah. 6.

The Executive Engineer, Rural Work Department, Work Department, Work Division, Motihari, District East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Sharda Nand Mishra, Dhananjay Kr Gupta, Advocates For the Respondent/s :

Ms Archana Meenakshee, GP VI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 08-04-2019 Heard learned counsel for the petitioner and the respondent-State.

2 It is submitted by the petitioner's counsel that his claim made in Annexure 7 for accommodating him on lower post of Accounts Clerk should be considered by the respondentauthorities.

Patna High Court CWJC No.12385 of 2014 dt.08-04-2019 2/2 3 The case of another similarly situated person, namely, Shyam Kumar Verma was earlier considered by this Court in a proceeding arising out of CWJC No 22743 of 2012. This Court, under order dated 01.05.2014, had held the prayer to be not maintainable since the post of Accounts Clerk was a lower post in scale and salary than what the petitioner as a Steno-Typist is getting. In the instant case also, petitioner, being Steno-Typist, is claiming to be posted on the lower post of Accounts Clerk. 4 Even though the case of similarly situated person has been declined by this Court and petitioner has annexed order of this Court as Annexure 4, the same prayer has been made by the petitioner in the instant proceeding, which was denied in proceedings arising out of CWJC No 22743 of 2012. 5 Writ petition is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.04.2019 Transmission Date NA