Suresh Rajak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 15677 of 2006 ====================================================== Suresh Rajak son of Prasadi Rajak, Resident of Mohalla- Priyadarshani, Nagar Colony (Near Aerodrum) P.O. and P.S. Tilkamanjhi, DistrictBhagalpur. Public Health Engineering Department, Bhagalpur West, Bhagalpur.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Chief Engineer (Mechanical), Bihar Public Health Engineering Department, Bihar, Patna.

3. The Zonal Chief Engineer, P.H.E.D., Bhagalpur.

4. The Superintending Engineer (Civil) P.H.E.D. Bhagalpur, Circle, Bhaglpur.

5. Head Clerk cum Establishment Dealing Clerk, P.H.E.D. Bhagalpur, Circle, Bhagalpur.

6. Head Assistant, P.H.E.D., Bhagalpur Circle, Bhagalpur. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Najmul Hoda For the Respondent/s : AC to GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

10-03-2015 Heard learned counsel for the petitioner and learned A.C. to Govt. Pleader - 20.

The sole petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has made a prayer for directing the respondents to grant junior selection grade promotion and senior selection grade promotion with all consequential benefits to the petitioner from the date it became due.

In this case, a counter affidavit has been filed and it has been indicated that the petitioner passed the departmental

Patna High Court CWJC No.15677 of 2006 (4) dt.10-03-2015 2/2 examination on 29-07-96 and the case of the petitioner was considered and it has been indicated in paragraph - 5 that the petitioner has already been given benefit of Ist A.C.P. w.e.f. 09-08-99 in pay-scale of 5000-8000 and thereafter, benefit of A.C.P. w.e.f. 02-08-04 in pay scale of 5500-9000. The State has also made statement on oath that the petitioner has earlier suppressed the fact regarding the date of passing of the examination.

In view of the facts and circumstances, particularly; the fact disclosed in the counter affidavit, I do not find any ground to pass any positive order in favour of the petitioner. The writ petition stands dismissed.

(Rakesh Kumar, J.) Anay/- U