Krishnadeo Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23239 of 2013 ====================================================== Krishnadeo Singh S/O Late Satya Narayan Singh Resident Of Mohalla- New Mithila Colony, Ward No. 33, House No. 61, West Of Ganga Nursery, P.SDanapur, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Labour Resources Department, Government of Bihar, Patna.

2.

The Principal Secretary, Labour Resources Department, Government Of Bihar, Patna.

3.

The Additional Secretary, Labour Resources Department, Government Of Bihar, Patna.

4.

The Joint Secretary, Health And Family Welfare Department, Government Of Bihar, Patna.

5.

The Principal Secretary, General Administration Department, Government Of Bihar, Patna.

6.

The Development Commissioner- Cum- Chairman, Departmental Promotion Committee, Bihar, Patna.

7.

The Special Secretary- Cum- Chairman, Complaint Redressal Committee, Labour, Resources Department, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Manoj Kr. Ambastha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-06-2023 The present petition has been filed seeking the following reliefs :- " (i) For issuance of a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to grant regular promotion to the petitioner to the post of Deputy Director (Employment) with effect from 01.04.1994 till 31.7.2009 i.e. till the date of his superannuation.

Patna High Court CWJC No.23239 of 2013(2) dt.23-06-2023 2/3 (ii) For issuance of an appropriate writ, order or direction directing the respondents to grant third A.C.P. to the petitioner which became due on 8.4.2008 and the monetary benefits of which came into effect from 01.01.2009.

(iii) For issuance of an appropriate writ, order or direction directing the respondents to pay the arrears of difference of salary on grant of reliefs no. (i) and (ii)."

The learned counsel for the petitioner has fairly submitted that the petitioner has already been granted promotion on the post of Deputy Director (Employment), however, instead of him being promoted to the said post w.e.f. 01.04.1994, he has been given promotion on 20.02.1997, hence, he be granted liberty to approach the respondent- authorities for redressal of his said grievance. It is also submitted that as far as the benefit of third A.C.P. is concerned, the same has already been granted to the petitioner.

At this juncture, the learned counsel for the respondent- State submits that on account of a pending departmental proceeding against the petitioner, he has been promoted w.e.f. 20.02.1997, thus there is no infirmity with regard to the said decision of the respondent- authorities.

Patna High Court CWJC No.23239 of 2013(2) dt.23-06-2023 3/3 Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition, however with liberty to the petitioner to agitate his subsisting grievances, if any, before the respondent- authorities. (Mohit Kumar Shah, J) rinkee/- U