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Patna High CourtCWJC/18221/2015disposed

Satish Kumar Choudhary v. The State Of Bihar And ORS

2023-10-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18221 of 2015 ====================================================== Satish Kumar Choudhary Son of Late Parmanand Choudhary Resident of Village - Kanhauli, P.S. - Manigachhi, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Director In Chief, Health Services, Government of Bihar, Patna. 4.

The Civil Surgeon cum Chief Medical Officer, Purnea. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra Jha-3, Adv.

Mr.Shambhoo Kr. Suman, Adv.

For the Respondent/s :

Mr.R.K. Priyadarshi, SC-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ application is being filed on behalf of the Petitioner above named, for issuance of a writ in the nature of mandamus directing and commanding the respondents to consider the case of the petitioner for promotion on the vacant post of Senior Science Assistant, because petitioner joined as Laboratory Technician in the year 1999 and still he is holding the said post and he had/has the requisite qualification to be promoted as Senior Science Assistant and even as per direction of the Director in Chief, Health Services contained in his letter no. 1171 dated 9.7.2008, case of the petitioner was forwarded by the then Civil Surgeon cum Chief Medical Officer, Purnea vide his letter no 4978 dated

Patna High Court CWJC No.18221 of 2015(5) dt.05-10-2023 2/2 29.11.2008 (Annexure-4) and letter no 1834 dated 12.6.2015 (Annexure-6) to the Director in Chief, Health Services, Bihar, Patna, however he is sitting tight over the matter and till date case of the petitioner for said promotion has not been considered by him whereas several similarly situated employees have been granted said promotion."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Director In Chief, Health Services, Government of Bihar, Patna to consider the case of the petitioner for grant of promotion as per the Bihar Lab Technicians Cadre Rules, 2014. It is directed accordingly.

3. It is needless to state that in case appropriate representation is filed within a period of four weeks from today, the same shall be dealt with in accordance with law and a reasoned and a speaking order shall be passed thereon, within a period of eight weeks, thereafter, by the Director In Chief, Health Services, Government of Bihar, Patna.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U