Dina Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19505 of 2018 Gulshan Nanda Alias Gulshan Son of Sri Rameshwar Yadav resident of House No. 180, Harni Chak, Police Station - Phulwari, District Patna. ... ... Petitioner
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, New Secretariat, Patna 2.
The Patna Municipal Corporation through Municipal Commissioner, Maurya Lok, Patna.
3.
The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
... ... Respondents with Civil Writ Jurisdiction Case No. 3666 of 2018 Dina Prasad Son of Late Haridwar Prasad, resident of Jai Mahabir Colony, Police Station Bahadurpur, District- Patna.
... ... Petitioner
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, New Secretariat, Patna 2.
The Patna Municipal Corporation through Municipal Commissioner, Maurya Lok Patna.
3.
The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok Patna.
4.
The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Patna.
... ... Respondents with Civil Writ Jurisdiction Case No. 3933 of 2018 Paritosh Kumar Alias Paritosh Kumar Singh Son of Late Janardan Prasad Singh, Resident of Road No. 1, near Pani Tanki Quarter Naya Chak, Police Station Kadamkuan, District- Patna.
... ... Petitioner
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, New Secretariat, Patna 2.
The Patna Municipal Corporation through Municipal Commissioner, Maurya Lok, Patna.
3.
The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
4.
The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Patna.
2/4 ... ... Respondents with Civil Writ Jurisdiction Case No. 3958 of 2018 Prakash Kumar Singh Son of Late Prem Nath Singh, resident of Khajekalan, Pani Tanki, Labour Flat, Patnacity, Police Station Khajekalan, District- Patna. ... ... Petitioner
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, New Secretariat, Patna 2.
The Patna Municipal Corporation through Municipal Commissioner, Maurya Lok, Patna.
3.
The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
4.
The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Patna.
... ... Respondents with Civil Writ Jurisdiction Case No. 3991 of 2018 Deepak Kumar Son of late Kamal Kishor Resident of Janta Path, Sudarshan Central School, Kankarbagh, Sampatchak, Police Station- Kankarbagh District- Patna.
... ... Petitioner
Versus
1.
The State Of Bihar through the Principal Secretary, Urban Development and Housing Department, New Secretariat, Patna 2.
The Patna Municipal Corporation through Municipal Commissioner, Maurya Lok, Patna.
3.
The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna.
4.
The Exectuve Officer, Bankipur Circle, Patna Municipal Corporation,Patna. ... ... Respondents Appearance :
(In Civil Writ Jurisdiction Case No. 19505 of 2018) For the Petitioner/s :
Mr.Rupak Kumar, Advocate For the PMC :
Mr.Ranjeet Kumar Pandey, Advocate (In Civil Writ Jurisdiction Case No. 3666 of 2018) For the Petitioner/s :
Mr.Rupak Kumar, Advocate For the PMC :
Mr.Ranjeet Kumar Pandey, Advocate Mr.Prasoon Sinha, Advocate (In Civil Writ Jurisdiction Case No. 3933 of 2018) For the Petitioner/s :
Mr.Rupak Kumar, Advocate For the PMC :
Mr.Ranjeet Kumar Pandey, Advocate (In Civil Writ Jurisdiction Case No. 3958 of 2018) For the Petitioner/s :
Mr.Rupak Kumar, Advocate For the PMC :
Mr.Ranjeet Kumar Pandey, Advocate
3/4 Mr.Prasoon Sinha, Advocate (In Civil Writ Jurisdiction Case No. 3991 of 2018) For the Petitioner/s :
Mr.Rupak Kumar, Advocate For the PMC :
Mr.Ranjeet Kumar Pandey, Advocate CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned counsel for the Patna Municipal Corporation and the State.
Learned counsel for the petitioners submits that in the present case the petitioners are seeking a direction to the respondent authorities to consider the case of the petitioners for promotion to the post of Sanitary Inspector and to pay salary of Sanitary Inspector with all consequential benefits. Learned counsel for the petitioners has relied upon the judgment of the Hon'ble Apex Court in the case of State of Punjab versus B. K. Dhir reported in (2017) 9 SCC 337 and the judgment in the case of State of Punjab and Anr. versus Dharam Pal reported in (2017) 9 SCC 395 as also the judgment in the case of Prafulla Ranjan Shrivastava versus The State of Bihar and Others reported in 2008 (3) PLJR 144.
Mr. Ranjeet Kumar Pandey, learned Advocate for the Patna Municipal Corporation is present.
4/4 Having regard to the facts and circumstances of the present case wherein the petitioners have approached this Court for a direction to the respondents to consider their case for promotion to the post of Sanitary Supervisor and Sanitary Inspector with all consequential benefits, this Court directs the respondents to examine the case of the petitioners in accordance with the rules applicable and take a reasoned decision with regard to the claims of the petitioners within a period of three months from the date of receipt/ production of a copy of this order.
The petitioners shall be given an opportunity of hearing at the time of consideration of their claims and they will be at liberty to place all the judgments before the competent authority.
These writ applications are disposed of.
(Rajeev Ranjan Prasad, J) tusharika/- U