Nitesh Kumar Barnwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.342 of 2015 ====================================================== NITESH KUMAR BARNWAL SON OF LAT ETHAKUR PRASAD VERMA, RESIDENT OF VILLAE AND PO DIYAW, POLICE STATION ASTHAWA NALANDA AT PRESENT POSTED AS ASSISTANT ENGINEER, BUILDING SUB DIVISIN, BUILDING CONSTRUCTION DEPARTMENT, SHERGHATI, GAYA. .... .... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

THE PRINCIPAL SECRETARY, RCD, GOVERNMENT OF BIHAR PATNA 3.

THE PRINCIPAL SECRETARY, BUILDING CONSTRUCTION AND HOUSING DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4.

THE ENGINEER IN CHIEF CUM ADDITIONAL COMMISSIONER CUM SPECIAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR 5.

THE CHIEF ENGINEER, HEAD QUARTER, RCD, GOVERNMENT OF BIHAR PATNA 6.

THE DEPUTY SECRETARY (ADMN CELL) RCD GOVERNMENT OF BIHAR, PATNA .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Siyaram Shahi, Advocate and Mr. Gopal Bohra, Advocate For the Respondents : Mr. Sheo Shankar Pd., SC 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-02-2018 It is agreed between the parties that the relief prayed by the petitioner in the instant writ petition is covered by the decision of this Court passed in C.W.J.C.No. 16049 of 2016 dated 15.3.2017 wherein this Court has directed as follows:- "The respondent authorities concerned including the Principal Secretary, Road Construction Department are directed to consider the claim of the petitioners for promotion with effect from the date on which each of them have been found fit for promotion in terms of the list so issued dated 24.9.2009 present at Annexure 5 subject to availability of vacancies in that particular year earmarked for such promotion and pass appropriate orders in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

The writ petition is allowed.

Let a writ of mandamus issue accordingly."

Patna High Court CWJC No.342 of 2015 (4) dt.07-02-2018 2/2 In view of the aforesaid stand of the parties, the writ petition is disposed of in terms of the said order. (Madhuresh Prasad, J) Shashi.

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