Ranjit Pratap Narayan Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14051 of 2010 ====================================================== RANJIT PRATAP NARAYAN SINHA S/O LATE INDRA PRATAP NARAYAN SINHA R/O HOUSE NO. B-89, BUDHA COLONY, BORING ROAD, P.S.- BUDHA COLONY, DISTT.- PATNA (BIHAR), AT PRESENT POSTED AS DISTRICT EDUCATION OFFICER, GOPALGANJ, DISTT.- GOPALGANJ (BIHAR) ... Petitioner

Versus

1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

2. THE DEVELOPMENT COMMISSIONER-CUM-CHAIRMAN DEPARTMENTAL PROMOTION COMMITTEE, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA

3. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, BIKASH BHAWAN, NEW SECRETARIAT, PATNA (BIHAR)

4. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT GOVERNMENT OF BIHAR, BIKASH BHAWAN, NEW SECRETARIAT, PATNA (BIHAR)

5. THE DIRECTOR ADMINISTRATION-CUM-JOINT SECRETARY HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, BIKASH BHAWAN, NEW SECRETARIAT, PATNA (BIHAR)

6. THE SECTION OFFICER, SECTION-II HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, BIKASH BHAWAN, NEW SECRETARIAT, PATNA (BIHAR) ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Kumar Mishra, Adv.

For the Respondents :

Mr. (Ga6) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-04-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner has confined his prayer for grant of junior selection grade having submitted that Jagpati Choudhary, and other persons, namely, Ritesh Kumar Jha, Ashok Kumar. Amerika Prasad and others joined the service after the joining of the petitioner, have been granted the junior selection grade, but, the petitioner has been deprived of the same. The petitioner has

Patna High Court CWJC No.14051 of 2010(5) dt.04-04-2018 2/3 placed reliance on the order, dated 14.09.2009, passed by this Court in C.W.J.C. No. 12084 of 2009 (Chandra Shekhar Kumar Vrs. the State of Bihar & Ors.) and there the Court has taken consideration of the case of Jagpati Choudhary and having felt that in that case certain persons who were juniors were granted the junior selection grade and the senior selection grade and the petitioner was left out and the Court remanded the matter for fresh consideration. In this case also, the position is identical. As per the petitioner certain persons are junior to him in service, have been granted junior selection grade.

In such circumstances, the petitioner is directed to file representation before the Director, respondent no. 5, who will examine the matter and take decision in accordance with law. If certain persons, who are juniors to the petitioner, have been granted the benefit of junior selection grade as well as the scale of Rs.10,000-15,200/-, then, certainly the benefit of the same should be given to the petitioner.

For convenience, the petitioner should file representation along with the present order to the Director, respondent no. 5, who will consider and take decision in accordance with law within a period of three months from the date of receipt of the representation.

Patna High Court CWJC No.14051 of 2010(5) dt.04-04-2018 3/3 With this observation and direction, this application is disposed off.

(Shivaji Pandey, J) Shamshad/- U