Patna High CourtCWJC/1150/2015disposed

Suresh Prasad Singh v. The State Of Bihar And ORS

2018-04-10Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1150 of 2015 ====================================================== Suresh Prasad Singh son of Kedar Singh resident of village Kosra, P.O. Jeewanbigha, District Lakhisarai (previously Munger) presently at Piri Bazar, P.O. & P.S. Piri Bazar District Lakhisarai .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Agriculture Department, Govt. of Bihar.

2. The Principal Secretary, Agriculture Department, Govt. of Bihar,Patna.

3. The Director, Agriculture Department, Government of Bihar Patna.

4. The Collector,Lakhisarai.

5. The Sub-Divisional Officer, Lakhisarai.

6. The Block Development Officer, Lakhisarai.

7. The Accountant General ,Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Mrityunjay Kumar, Advocate For the Respondents : Mr. R.R.Sinha, SC 19, Mr. A.K.Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-04-2018 Heard counsel for the petitioner and the State. The writ petition has been filed seeking a direction to the respondents to grant financial progression to the petitioner under the Assured Career Progression (ACP) Scheme. It is submitted by learned counsel for the petitioner that the District Screening Committee/District Establishment Committee in its meeting dated 20.3.2010 (Annexure 2) has granted the benefits of the financial progression to 65 similarly situated persons. However, the petitioner's case has not been considered by assigning the reason that he has not passed the Hindi, Noting and Drafting Examination. He submits that the

Patna High Court CWJC No.1150 of 2015 (3) dt.10-04-2018 petitioner has passed the said examination on 17.6.1986. In support of the same, he has brought on record the Admit card showing his appearance in the said examination conducted by the Rajbhasa Department of the State in the examination held on 12.1.1986, wherein he had been assigned Roll No. 548. He has also produced the result dated 22.6.1986 (Annexure 1A) of the said examination.

In view of the aforesaid fact, this Court does not find it appropriate to keep the writ petition pending as it is for the District Screening Committee/District Establishment Committee to take a decision with respect to petitioner's claim in the background of his assertion that he has qualified the Hindi Noting and Drafting Examination in the year 1986 itself. The petitioner may place the proof in respect of his qualifying the Hindi Noting and Drafting Examination the zbefore respondent no.4 by filing a representation along with a copy of this order. On such representation being made, claim of the petitioner for grant of financial progression under ACP shall be considered by the authorities and if there is no legal impediment the same may be granted to him within a period of three months from the date of receipt of the representation along with a copy of this order.

Patna High Court CWJC No.1150 of 2015 (3) dt.10-04-2018 The writ petition is disposed of with the aforesaid observations and directions.

(Madhuresh Prasad, J) Shashi.