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Patna High CourtCWJC/13594/2012dismissed

Kedar Prasad Singh v. The State Of Bihar And ORS

2025-03-03Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13594 of 2012 ====================================================== Kedar Prasad Singh S/O Late Parmanand Singh R/O Village - Murliganj, Ward No.7, P.S. Murliganj, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Water Resources Department, Govt. Of Bihar, Patna 3.

The Addl. Secretary, Water Resources Department, Govt. Of Bihar, Patna 4.

The Chief Engineer, Water Resources Department, Birpur, District - Supaul 5.

The Superintending Engineer Cannal Circle Saharsa 6.

The Executive Engineer Irrigation Department Triveniganj, Supaul 7.

Sub Divisional Officer Irrigation Sub Division, Muraliganj, District - Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Shekhar For the Respondent/s :

Mr. Ajit Kumar, GA9 Mr. Arvind Kumar, AC to GA9 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-03-2025 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. Learned Counsel for the petitioner submits that the present writ petition has been filed with the following reliefs:- This is an application for issuance of an appropriate writ /order/ direction to the respondents for quashing of order dated 15.6.12 passed by the Principle Secretary Water Resources Department Govt. of Bihar, Patna as well as issuance of directions to the respondents to grant 1st time Bond Promotion with effect from 1.4.1981 in place of 14.5.1984 and second time Bond Promotion with effect from 3.8.93 and consequential benefits on the basis of the same and

2/4 also grant economic benefit of 1st and second A.C.P. from 2006 onwards and any other writ order direction for which petitioner may found entitle by this Hon'ble Court.

3. Counsel further submits that the petitioner has earlier moved before this Hon'ble Court in C.W.J.C. No.6984 of 2011 in which vide order dated 22.04.2011, a direction was made to the petitioner to file a fresh representation and the Principal Secretary, Water Resources Department, Government of Bihar has been directed to pass a reasoned and speaking order considering all the grounds, which has been taken by the petitioner in the writ petition.

4. Counsel further submits that the petitioner has filed representation and the Principal Secretary has passed order which is contained in Memo No.765 dated 15.06.2012. He further submits that the finding of the Principal Secretary is not in consonance of the letter (Annexure-2) which has been issued and contained in letter No.999 dated 06.10.2001. He further submits that the Principal Secretary to the Commissioner , Kosi Division, Saharsa has treated that there is entitlement of the petitioner for the first time want promotion w.e.f. 01.04.1981 second promotion from 03.08.1993. He further submits that the decision has been taken by the Principal Secretary against the decision taken from the Office of Commissioner, Kosi Division,

3/4 Saharsa, dated 06.10.2001.

5. Counsel for the State submits that the order passed by the Principal Secretary has been completely in accordance with law.

6. Upon going through the pleadings and particularly the order passed by the Principal Secretary, it transpires that the reasoning which has been assigned are as follows:- "

याचचकाकरारJh चसंहनेअपनेआवेदनमे चद०1.4.81 सेizFke कालबदizksUufr, चद०3.8.93 सेf}rh;

कालबदप्रोननचरएवंचद०9.8.99 सेf}rh; सुचनचशचर वृचरउननयनकीसवीकृचर iznku करनेकाअनुरोधचकया है।याचचकाकरारदाराचकयेगयेदावेकेअवलोकनसे चवचदरहोराहैचकयाचचकाकरारमोहचररके पदपर अपनीizFke चनयुचकरकीचरचथसेसेवाकीगणनाकर कनीयलेखाचलचपककेपदपर1.4.81 सेizFke कालबद izksUufr एवं3.8.93 सेf}rh;

कालबदizksUufr चाहरेहै जोयाचचकाकरारकेपदपचरवरनकेकारणचनयमानुकू‌ल नहींहै। foRr चवभागकेi=kad 920 चद०6.3.90 के कोडका-1 मेइसआशयकाizko/kku हैचकचकसीसरकारी सेवककोचजससंवगरचवशेषमेयापदचवशेषपर कालबदizksUufr देनेका izLrko चवचारणीयहो, उससंवगर मेयाउसपदपरचनयुचकरकीचरचथसेही10 वषरया25 वषरकीसेवाकीगणनाकीजायA blds पूवरवरीरसंवगर यापदपरकीगयीसेवाकीकालबदizksUufr केचनचमत गणनानहींकीजायगीA"

7. It transpires to this Court that the decision has been

4/4 taken by the Principal Secretary in the light of the letter No.920 dated 06.03.1990 issued by the Finance Department according to which the period of 10 years or 20 years of services shall be counted of any employee in the cadre in which he has been working, but in case, he has been promoted in another cadre, then in that case, the period of length of service shall be counted in the same cadre. The petitioner's calculation of period of service are lacking for the same and hence, this Court is of the view that there is no need of any interference in the decision made by the Principal Secretary, Water Resources Department, Patna.

8. In this view of the matter, the present writ petition stands dismissed.

(Dr. Anshuman, J.) Prakashmani/- U