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Patna High CourtL.P.A/1374/2012dismissed

Anil Kumar Srivastava v. The State Of Bihar And ORS

2015-03-27Mr. Justice Navaniti Prasad Singh,Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1374 of 2012 In Civil Writ Jurisdiction Case No. 10418 of 2007 ====================================================== Anil Kumar Srivastava S/O Late Ramjee Prasad Srivastava R/O VillageBaghegi, P.S.- Barauli, District- Gopalganj .... .... Appellant

Versus

1. The State Of Bihar Through The Secretary Cum Commissioner Water Resource (Minor) Department, Bihar, Patna

2. The Director Land Acquisition and Rehabilitation Department, Bihar, Patna

3. The Special Land Acquisition Officer, Gandak Project, Muzaffarpur .... .... Respondents ====================================================== Appearance :

For the Appellant : Mr. Dhananjay Kumar, Advocate. For the Respondents : Mr. Rajesh Kumar, GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) 27-03-2015 Heard learned counsel for the appellant and the learned counsel for the State.

The petitioner, appellant herein, had filed writ petition challenging the order of the State in shifting the date of grant of first time bound promotion and ordering recovery. The writ court has discussed the matter and held that as he had not passed the departmental examination and thus was not fit to be considered for promotion. He was not entitled to time bound promotion. This view is consistent with the view of this Court in the case of "Daya

Patna High Court LPA No.1374 of 2012 (2) dt.27-03-2015 2/2 Shankar Singh Vs. The State of Bihar & Ors" reported in 2010

(3) PLJR 220.

In that view of the matter, we are not inclined to interfere with this appeal. It is accordingly dismissed. (Navaniti Prasad Singh, J) (Jitendra Mohan Sharma, J) U Abhay/-