Birendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19155 of 2015 ====================================================== Birendra Kumar Son of late Gulab Chaudhary Resident of Vijay Nagar, Hanuman Nagar, Police Station Patrakar Nagar, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

The Principal Secretary, Department of Finance, Old Secretariat, Government of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupak Kumar, Advocate For the Respondent/s :

Mr.Avinash Kumar, SC-30 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application is filed for issuance of writ in the nature of Mandamus directing the respondents to shift back the date of promotion of the petitioner on the post of Chief Engineer (Civil), Public Health Engineering Department from 22.11.2013 to 11.08.2011 with all consequential benefits."

2.

The learned counsel for the petitioner

Patna High Court CWJC No.19155 of 2015(2) dt.06-10-2023 2/3 submits that though the petitioner was fully eligible and was required to be promoted on the post of Chief Engineer (Civil), Public Health Engineering Department, Government of Bihar, Patna with effect from 11.08.2011, however, he has been granted promotion only with effect from 22.11.2013 and to the said effect he has relied on a circular dated 31.03.1979 issued by the Chief Secretary, Government of Bihar, Patna.

Nonetheless, he seeks liberty to approach the Principal Secretary/Additional Chief Secretary, Public Health Engineering, Government of Bihar, Patna i.e. the respondent no. 2 for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Principal Secretary/Additional Chief Secretary, Public Health Engineering, Government of Bihar, Patna i.e. the respondent no. 2, by filing appropriate representation, within a period of four weeks from today, the same shall be disposed off by a

Patna High Court CWJC No.19155 of 2015(2) dt.06-10-2023 3/3 reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U