Ram Vilash Mandal @ Ramabilas Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4922 of 2019 ====================================================== Ram Vilash Mandal @ Ramabilas Mandal, S/o Vikram Mandal Res. of At and P.S.- Maheshleta, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

1.

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

Secretary Home (Police) Department, Bihar, Patna. 3.

Secretary Finance department, Bihar patna.

4.

Director General of Police Bihar, Patna.

5.

Addl. D.G. of Police Military Police, Bihar, patna. 6.

D.I.G. of Police Bihar Military Police, Northern Zone, Muzaffarpur. 7.

Commandant BMP-7, Katihar.

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

For the Petitioner/s :

Mr.Ram Hriday Prasad For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 08-04-2019 Heard the learned counsel for the petitioner and the State.

The petitioner, who is a Constable in BMP-7, Katihar, has approached this Court for the reason that he has neither been confirmed in the cadre of Literate Constables which would have made him entitled to financial progression after some years of service nor has he been given the benefit of promotion which is available to a Constable who is not literate.

Patna High Court CWJC No.4922 of 2019 dt.08-04-2019 2/3 It has been submitted on behalf of the petitioner that he was appointed as a Constable in the year 2000 and after having exercised an option for the literate Constable in the year 2003, he waited for several years for his confirmation in the cadre of Literate Constables. Till date, neither has his services in the Literate Constable Cadre been confirmed nor is he being treated as member of the Constables of general cadre who is entitled to be promoted to the post of Havaldar. The petitioner, now, is not interested in continuing in the Literate Constable Cadre and wants to shift / switch over to the cadre of general duty Constables so that he could avail the benefit of promotion which is available to other Constables of the general duty cadre. Several representations which have been filed by the petitioner before the various superior authorities have yielded no results. As noted earlier, hence, the present writ petition.

Under the aforesaid circumstances, this Court deems it appropriate to direct the petitioner to make a fresh representation along with a copy of this order before the Additional D.G. of Police, Military Police, Bihar, Patna

Patna High Court CWJC No.4922 of 2019 dt.08-04-2019 3/3 (Respondent No. 5) within a period of four weeks from today, who, on receipt of the same, shall dispose off such representation by a reasoned order within a further period of six weeks thereafter.

With the aforesaid observation / direction, this petition stands disposed off.

(Ashutosh Kumar, J) skm/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 09.04.2019 Transmission Date