Rambhu Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18420 of 2014 ====================================================== Rambhu Prasad S/o Late Satya Narayan Prasad Resident of Village - Damodarpur, P.O. - Damodarpur Mathia, P.S. - Malahi, District- East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Secretary, Minor Water Resources Department, Government of Bihar, Vikash Bhawan, Patna.

3.

The Project Coordinator-cum-Engineer in-Chief,Minor Water Resources Department Tubewell, Vishweshw 4.

The Chief Enginer North, Minor WaterResources Department, Tubewell Project, Government of Bihar,Mu 5.

The Superintending Engineer, Tubewell Circle, Muzaffarpur. 6.

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

For the Petitioner/s :

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

Mr.Prashant Pratap, GP 2 :

Mr. Sanjay Kumar, AC to GP 2 ====================================================== 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. 4 and 5, it has been stated that the petitioner was initially appointed against Class- IV posts as Treasury Guard on compassionate ground vide Office Order dated 17.10.1992 and at that point of time, the educational qualification of the petitioner was intermediate, however, such employees, who are appointed on compassionate

Patna High Court CWJC No.18420 of 2014(2) dt.06-12-2022 2/2 ground are not entitled to be given any promotion, as is apparent from the resolution of the Department of Personnel & Administrative Reforms, Bihar dated 05.10.1991, especially Clause-9 (Ka) thereof.

Having regard to the aforesaid facts and circumstances of the case, this Court finds that the present writ petition is devoid of any merit, hence, is dismissed. (Mohit Kumar Shah, J) rinkee/- U