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Patna High CourtCWJC/18416/2014dismissed

Pradeep Kumar Thakur v. The State Of Bihar And ORS

2022-12-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18416 of 2014 ====================================================== Pradeep Kumar Thakur S/o Late Shardanand Thakur Resident of Village - Kumhari, P.O. - Durgaganj, P.S. - Kadwa, District - Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Minor Water Resources Department, Vikash Bhawan, Patna. 3.

The Project Coorination-cum-Engineer in-Chief, Minor Water Resources Department Tubewell, Vishweshwaraiya Bhawan, Bihar, Patna. 4.

The Chief Engineer North, Minor Water Resources Department, Tubewell Project, Government of Bihar, 5.

The Superintending Engineer, Tubewell Circle, Purnia. 6.

The Executive Engineer, Tubewell Division, Purnia. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Jha, Advocate For the Respondent/s :

Mr.Avnish Nandan Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-12-2022 Though the present writ petition was filed for considering the case of promotion of the petitioner to Class-III post, however, the learned counsel for the respondent State has filed a counter affidavit, wherein, in paragraphs no. 5 and 6, it has been stated that the petitioner was initially appointed against Class- IV posts as Treasury Guard on compassionate ground vide Office Order dated 06.06.2002 and at that point of time, the educational qualification of the petitioner was intermediate, however, such employees, who are appointed on compassionate ground, are not entitled to any promotion, as is apparent from

Patna High Court CWJC No.18416 of 2014(2) dt.06-12-2022 2/2 the resolution of the Department of Personnel & Administrative Reforms, Bihar dated 05.10.1991, especially Clause-9 (Ka) thereof.

Having regard to the aforesaid aspect of the matter, this Court finds that the present writ petition is devoid of any merit, hence, is dismissed.

(Mohit Kumar Shah, J) rinkee/- U