Tarkeshwar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1690 of 2017 ====================================================== 1.

Tarkeshwar Sharma Son of Late Rajendra Sharma, Resident of VillageMahadipur, P.O.-Telhara, P.S.-Ekhangrasarai, Distt.-Nalanda, Presently Posted at TBDC, Patna 2.

Ram Ratan Ram Son of Sri Ramu Ram, Resident of Village-Gilani Chak, P.O.-Telmar, P.S.-Nagar Bausa, Distt.-Nalanda, Presently Posted at TBDC, Patna.

3.

Ashok Kumar Sinha, Son of Brij Kishore Pd. Sinha, Resident of VillageChhabilatar, P.O.-Lemuabad, P.S.-Pandarak, Distt.-Patna, Presently Posted at Dy, Director (T.B.) Patna.

4.

Joseph Kiro, Son of Late Kamil Kiro, Resident of Village-Maarada, P.O.- Nawagarh Praratoli, Distt.-Gumla (Jharkhand), Presently Posted at TBDC, Patna.

5.

Mithilesh Singh Son of Late Ramlakshaman Singh, Resident of VillageManjhanpura, P.O.-Surungqapur, P.S.-Distt.-Jehanabad, Presently Posted at Dy. Director (T.B.)Patna.

6.

Rabindra Kumar Son of Sri Rajeshwar Singh, Resident of VillageSulemanpur, P.O.-Kazisarai, P.S.-Kaka Distt.-Jehanabad, Presently Posted at Dy. Director (T.B.) Patna.

7.

Shiv Prasad Son of Ranjandar Prasad, Resident of Village-P.O.-Lemuabad, P.S.-Pandarak, Distt.-Patna, Presently Posted at Dy. Director (T.B.) Patna 8.

Anil Kumar Oron Son of Late Chandu Oron, Resident of Village-Post-Distt.- Gumala (Jharakhand), Presently Posted at TBDC, Patna. 9.

Chitranjan Singh Son of Late Bhagwat Singh, Resident of VillageSalempur, P.O.-Dharupur, P.S.-Bikramganj, Distt.-Rohtas, Presently Posted at Dy. Director (T.B.) Patna 10.

Vinod Kumar Son of Sri Saryou Prasad Singh, Resident of VillageChawariya, P.O.-Rajpur, P.S.-Sanjhawali, Distt.-Rohtas, Presently Posted at TBDC, Patna 11.

Arun Prasad Son of Late Shohan Lal Yadav, Resident of Village-Kazipur Nayatola Bankipur, P.S.-Kadamkuan, Distt.-Patna, Presently Posted at TBDC, Patna 12.

Pawan Kumar Son of Umeshwar Prasad, Resident of Village-Fathepur, P.O.- Sinawan Via Parwalpur Distt.-Nalanda, Presently Posted at TBDC, Patna 13.

Virendra Kumar Son of Late Chandradeep Singh, Resident of Village-P.O.- Sirnawan, P.S.-Bena, Distt.-Nalanda, Presently Posted at TBDC, Patna 14.

Buddh Ram Bhagat Son of Late Jatru Bhagat, Resident of Village-Murto, P.O.-Slagain, P.S.-Chanho Distt.-Ranchi (Jharkhand), Presently Posted at TBDC, Patna 15.

Anil Sharma Son of Late Shivdhari Mistree, Resident of VillageDaudhbigha P.O.-P.S.-Agamkuan, Patna Presently Posted at TBDC, Patna 16.

Sadan Kumar Son of Late lakshman Paswan, Resident of Village/MoAmbedkar Chowk, Chitkohara, P.O.-Anishabad, P.S.-Gardanibagh, Distt.-

2/4 Patna, Presently Posted at TBDC, Patna 17.

Arshad Khan Sonof Sadique Khan, Resident of Village-Dhipatoli, P.O.- Pundag, Ranchi (Jharkhand), Presently Posted at TBDC, Patna 18.

Kamelsh Prasad Son of Ramkishun Prasad, Resident of Village-Railly English, P.O.-Railly, P.S.-Pandarak/NTPC, Distt.-Patna, Presently Posted at TBDC, Patna 19.

Mohamad Abid Son of Late Mohamad Khalique, Resident of VillageNarisganj, P.O.-Narisganj, P.S.-Narisganj, Distt.-Rohtas, Presently Posted at TBDC, Patna 20.

Harshbardhan Poddar, Son of Late Bindeshwari Poddar, Resident of VillageP.O.-P.S.-Djaorariya, DDistt.-Banka, Presently Posted at TBDC, Patna 21.

Ajay Kumar Son of Ganuori Prasad Resident of Village-Bhagwanpur, P.O.- P.S.-Chandi, Distt.-Nalanda, Presently Posted at TBDC, Patna 22.

Sideshwar Prasad Son of Late Reghunandan Mahto, Resident of Villagejagua, Bigha, P.O.-Bhagwanpur, Distt.-Jehanabad, Presently Posted at TBDC, Patna 23.

Latafat Hussain Son of Md. Hasamuddin Ansari, Resident of Vill-P.O.- Pasaur, P.S.-Charpokhari Distt.-Bhojpur, Presently Posted at TBDC, Patna 24.

Ramjee Pandit, Son of Late Sukar Pandit, Vill-Barsouna, P.O.-Sohaipur, P.S.-Wazirganj, Distt-Gaya, Presently Posted at TBDC, Patna 25.

Rajnarayan Prasad Son of Late Ramdhari Prasad, Resident of VillageLajichak, P.O.-P.S.-Barh, Distt.-Patna,Presently Posted at TBDC, Patna 26.

Ratan Lal Choudhary Son of Late Janki Chowdhari, Resident of MoSindhua Toil, P.O.-Guljarbagh, Distt.-Patna, Presently Posted at TBDC, Patna 27.

Rampravesh Prasad Son of Shyam Yadav, Resident of Vill.-Rampurbara, P.O.-Alinangar Pali, Distt.-Jehanabad, Presently Posted at PHC, Sadar Block, Sabalpur, Patna 28.

Nahu Singh Son of Late Mahendra Singh, Resident of Mohalla-Sakerpur Road No.3, Hanuman Nagar, P.S.-Patrakarnagar, Patna, Presently Posted at P.H.C., Sampathcheek, Patna 29.

Md. Rayaz Alam, Son of Late Md. Quim, Resident of Mohalla-Mandaye, Dargah Road, P.O.-Mahandur, Distt.-Patna, Presently Posted at Jayprabha Hospital, Kankarbagh, Patna 30.

Bisheshwar Bhagwat Son of Late Kukhi Bhagat, Resident of VillageGarhawali, P.O.-Puso, P.S.-Sisai, Distt.-Gumala, Jharkhand, Presently Posted at TBDC, Patna 31.

Nageshwar Prasad Singh Son of Late Jagdish Prasad Singh, Resident of Mohalla- Chandpur Bela, Post-GPO, P.S.-Jakkanpur, Distt-Patna, Presently Posted at TBDC, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

3/4 2.

The Director-in-Chief, Health Services, Department of Health, Government of Bihar, Patna.

3.

The Deputy Director-Cum-State Programme Officer, T.B., Department of Health, Government of Bihar, Patna.

4.

The Additional Director, T.B. Demonstration and Training Centre, Government of Bihar, Agamkuan, Patna 5.

The District Magistrate, Patna.

6.

The Civil Surgeon-Cum-Chief Medical Officer, Patna. 7.

The Additional Chief Medical Officer, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Ashok Kr. Choudhary, Anil Kumar Tiwary and Akshansh Ankit, Advs.

For the Respondent/s :

Mr.Binod Kr. Yadav- SC 18 Mr. Vijay Kr. Singh No. 1, AC to SC 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners have claimed that they should be considered for promotion from Class-IV to Class-III post, as they were discharging their duty for since fifteen years but without any promotion to the next level and further submitted, they are working in T.B. Centre, Patna and seeking the relief that there are 15% quota in the promotional cadre for those who are working there and placed reliance on the judgment passed in C.W.J.C. No. 108 of 2017 and further submitted that already in the counter affidavit, they have made a statement that the same has been set in motion and there is likelihood of identification of post, accordingly the relief will be

4/4 granted to them.

In such view of the matter, this application is disposed of in terms of the judgment dated 08-09-2017 passed in C.W.J.C. No. 108 of 2017.

With the above observation, this application is disposed of.

(Shivaji Pandey, J) Mahesh/- U