Chandeshwer Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6621 of 2011 ====================================================== CHANDESHWER JHA S/O Late Harishchandra Jha, Permanent resident of Village - Arer-Dih-Tol, P.S. - Arer, District - Madhubani ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Principal Secretary Cum Commissioner, Road Construction Department, Government Of Bihar, Patna 3.

The Commissioner, Darbhanga 4.

The Engineer In-Chief-Cum-Additional Commissioner Cum-Special Secretary, Road Construction Department, Government Of Bihar, Patna 5.

The Chief Engineer, Null North Bihar Wing, Road Construction Department, Darbhanga 6.

The Superintending Engineer, Road Construction Department, Road Circle Darbhanga 7.

The Executive Engineer Cum Technical Advisor To The Superintending Engineer, Road Construction Department, Road Circle, Darbhanga 8.

The Executive Engineer, Road Construction Division, Road Division, Madhubani.

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

For the Petitioner/s :

Mr.Amarendra Narayan For the Respondent/s :

Mr.Rajesh Kumar GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2020 The issue whether the petitioner could have been deprived benefits under the assured career progression scheme for non-passing of departmental examination, as per submission of Mr. Amrendra Narayan, appearing for the petitioner, now stands concluded by the Division Bench of this court in the case of Uday Shankar Prasad vs. State of Bihar reported in 2017(3) PLJR 824.

Patna High Court CWJC No.6621 of 2011(13) dt.17-02-2020 2/2 Having regard to the decision in the said case he submits that placing reliance on the same along with provisions contained in Clause 4(C) (I) of the State Litigation Policy, 2011, he would be approaching respondent no.6.

Without expressing any opinion this court would only observe that in the event such an application is filed within four weeks, respondent no.6 (Superintending Engineer, Road Construction Department, Darbhanga) should consider claim of the petitioner by a reasoned and speaking order in accordance with law and dispose of the claim of the petitioner within three weeks thereafter. It is made clear that dues, if found admissible, should be paid within the same period.

The writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U