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Patna High CourtCWJC/4570/2025disposed

Arbind Kumar v. The State Of Bihar

2025-03-27Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4570 of 2025 ====================================================== Arbind Kumar S/o- Gunjeshwar Prasad Resident of Village- Chhajna, PostChhajna, Chhojrena, Police Station- Laukhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chief Secretary, Government of Bihar.

3.

Principal Secretary, General Administration Department, Government of Bihar.

4.

Principal Secretary, Rural Development Department, Government of Bihar. 5.

Joint Secretary, Rural Development Department, Government of Bihar. 6.

Chairman, Screening Committee, Rural Development Department, Government of Bihar.

7.

Special Secretary, Rural Development Department, Government of Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate Mr. Karu Kumar, Advocate For the Respondent/s :

Mr. Government Pleader (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and Learned Counsel for the State are present. Learned counsel for the State submits that he is not in a position to assist this Court.

2. Learned counsel for the petitioner submits that the petitioner has prayed for issuance of mandamus to grant promotion to the petitioner at the post of pay scale (Level-11) by way of second promotion on ad hoc/provisional basis, in the light of Notification No.19300 dated 13.10.2023, issued from the General Administration Department, Government of Bihar,

Patna High Court CWJC No.4570 of 2025(2) dt.27-03-2025 2/3 as the officer lower in seniority list had been given second promotion at the pay scale-11 with effect from 20.10.2023.

3. Learned Counsel for the petitioner submits that from Annexure-7 it becomes crystal clear that the five man Committee has considered the case of the petitioner and found his entitlement for the post of pay scale (Level-11) on 30.08.2024. He submits that from the decision of the Committee it becomes crystal clear that due to mistake the case of the petitioner could not be considered earlier but the Committee has ratified the same at later stage. He submits that the Principal Secretary, Rural Development Department is the competent authority for granting promotion and ratification of such mistakes which have taken place as mentioned in Annexure-7 of the writ petition. He submits that he has filed representation on 04.02.2025 before respondent No.4, the Principal Secretary.

4. Since Counsel for the State is not in a position to assist, this Court has no option to pass order directing respondent No.4, the Principal Secretary, Rural Development Department, Government of Bihar, to take decision on the representation of the petitioner within 90 days from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.4570 of 2025(2) dt.27-03-2025 3/3

5. It is made clear that if respondent No.4 finds the entitlement of the petitioner then the fresh notification/letter be issued in favour of the petitioner to fulfill his grievances about which clear cut indication has been made by five man committee (Annexure-7).

6. With this direction, this writ petition is disposed off.

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