Tileshwar Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8390 of 2015 ====================================================== Tileshwar Ram son of Late Mahindra Ram, Resident of village- Harpur Mahmada, P.S.- Pusha, District- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar Partna 2.

The Regional Development Commissioner-cum-Chairman, Gandak Area Development Agency, Muzaffarpur 3.

The Commissioner-cum-Secretary, Irrigation Department, Govt. of Bihar, Patna 4.

Director, Water and Land Management Institute (Walmi) Khagaul Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvan Kumar For the Respondent/s :

Mr. Krishna Kant Tiwari, AC to SC 27 For GADA :

Mr. Satish Chandra Jha 3 Mr. Shambhoo Kumar Suman ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-08-2019 Counsel for the petitioner is permitted to implead Director, Water and Land Management Institute (WALMI) as respondent No. 4 in the instant proceeding.

The petitioner's claim in the instant proceeding is for greant of benefits of time bound promotion. The entitlement of lst time bound promotion has specifically been admitted in the counter affidavit filed by the respondent Gandak Area Development Authority (GADA).

Counsel appearing for the agency however informs the Court that the benefit of the lst time bound promotion will now have to be borne by WALMI which is successor in interest

Patna High Court CWJC No.8390 of 2015(2) dt.07-08-2019 2/2 of GADA. In view of merger of GADA into WALMI in the year 2018 the claim now has to be discharged, on account of the admitted entitlement taken note of hereinabove, by WALMI. The petitioner therefore should approach the Director WALMI for grant of the benefits. The writ petition therefore need not be kept pending.

Petitioner's Counsel submits that he would approach Director WALMI on the basis of admitted entitlement of the petitioner as stated in para 4 of the counter affidavit filed by respondent GADA.

The writ petition is therefore disposed of with a liberty to the petitioner to approach Director WALMI. It is expected that since the claim is admitted the petitioner should be paid dues admissible expeditiously without any undue delay and preferably within a period of three months from the date of receipt/production of a copy of this order.

(Madhuresh Prasad, J) SNkumar/- U