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Patna High CourtCWJC/4911/2018disposed

Anil Kumar Pandey v. The State Of Bihar And ORS

2019-05-27Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4911 of 2018 ====================================================== Anil Kumar Pandey Son of Ramakant Pandey West Anandpuri, House No. 14F/7, Boring Canal Road, Patna.

... ... Petitioner

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Department of Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Additional Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

4.

The Joint Director, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

5.

The Principal Secretary, Department of Personnel and Administrative Reforms, Govt. of Bihar, Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Respondent/s :

Mr. Rakesh Kumar Shrivastava, AC to GP 15 ================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-05-2019 Matter has been listed today in the Summer Vacations as the learned Counsel for the petitioner was desirous for consideration of his case during vacation. The slip for listing was filed pursuant to notice dated 8th May, 2019, published prior to the Vacation. The matter is, accordingly, taken up for consideration as both parties are present and willing to assist the Court for disposal of the matter.

The issue pending consideration in this proceeding is the promotion of the petitioner to the post of Circle Officer/

Patna High Court CWJC No.4911 of 2018(4) dt.27-05-2019 2/3 equivalent. The petitioner is working in the grade of Circle Inspector.

The stand in the counter affidavit is that the petitioner's claim for promotion was considered but has been kept pending because he has not submitted career appraisal report/confidential report of the respondent authorities. It is submission of the State that several similar candidates have not submitted their confidential report and, as such, promotion was not granted and post was kept reserved.

In view of the aforesaid stand in the counter affidavit, petitioner's Counsel submits that in order to facilitate grant of promotion in question he would be submitting his career appraisal report/ confidential report within a period of six weeks.

In view of the said stand taken by the parties, the admitted position is that keeping the writ petition pending would serve no useful purpose as the claim for promotion has to be considered by the respondent authorities themselves upon submission of career appraisal report/confidential report by the petitioner.

The writ petition stands disposed of.

It is needless to say that if the petitioner fulfills the

Patna High Court CWJC No.4911 of 2018(4) dt.27-05-2019 3/3 requirement as stated in the counter affidavit, respondent authorities would be obliged to proceed further in accordance with law and without any undue delay.

Writ petition is disposed of (Madhuresh Prasad, J) SNkumar/- U