Vishwanath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10355 of 2020 ====================================================== 1.

Vishwanath Singh Son of Chandeshwar Singh Resident of F-46, Koshi Colony, Birpur, P.S.- Birpur, District- Supaul. 2.

Kailash Chandra Mishra Son of Upendra Narayan Mishir Resident of G-143, Koshi Colony, Birpur, P.S.- Birpur, District- Supaul. 3.

Shiv Shankar Raut Son of Laxmi Raut Resident of I-Type Colony, Near Kargil Chowk, Birpur, P.S.- Birpur, District- Supaul. 4.

Sujit Kumar Dube Son of Bidya Charan Dubey Resident of Ward No.-1, Birpur, P.S.- Birpur, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

2.

The Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

3.

The Chief Engineer, Flood Control and Drainage, Water Resources Department, Birpur, District- Supaul.

4.

The Superintending Engineer, Koshi Barrage Circle, Birpur. 5.

The Executive Engineer, Head Works Division, Birpur. 6.

The Executive Engineer, Planning and Monitoring Division, Birpur. 7.

The District Magistrate, Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Respondent/s :

Mr. Harish Kumar, GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022 This matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic. In the instant petition, petitioners have prayed for the following reliefs:- "(i) For direction on the respondent Chief Engineer to consider the cases of promotion of petitioners to the post of clerk (l.D.C.) as provided in the resolutions dated 16.12.14 of the respondent department as well as in the

Patna High Court CWJC No.10355 of 2020 dt.11-01-2022 2/2 resolution dated 31.03.11 of the Finance Department, on 28.05.2019 the respondent Chief Engineer has prepared a seniority list wherein, the seniority of the petitioners no. (s) 1, 2, 3 & 4 have been fixed at serial no.;- 7, 4, 14 & 9 respectively.

(ii) For a further direction on the respondent Chief Engineer to dispose of the representations dated 3.7.20, 15.7.20 & 17.7.20 of the petitioners in accordance with law."

Short question for consideration in the present petition is whether the petitioners are entitled to promotion to the post of Clerk in terms of resolutions followed by seniority list read with representations of the petitioners dated 03.07.2020, 15.07.2020 and 17.07.2020 or not?

The concerned respondent is hereby directed to redress the grievance of the petitioners and pass suitable orders and communicate the same to the petitioners within a period of three months from the date of receipt of this order. With the aforesaid observations, the present writ petition stands disposed off.

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