Arun Kumar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2590 of 2018 ====================================================== Arun Kumar Mahto Son of Late Jagdish Prasad Mahto, Resident of Madhepura, Ward No.20, Azad Nagar, Police-Station-Madhepura, DistrictMadhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, General Administration Department, Government of BIhar, Patna.

3.

The Special Secretary, General Administration Department, Government of Bihar, Patna.

4.

The Additional Secretary, General Administration Department, Government of Bihar, Patna.

5.

The Principal Secretary, Department of Finance, Government of Bihar, Patna.

6.

The Joint Secretary, Department of Finance, Government of Bihar, Patna. 7.

The Divisional Commissioner, Kosi Division, Saharsa. 8.

The District Magistrate-cum-Chairman, Departmental Promotion Committee, Madhepura.

9.

The Additional Collector, Madhepura.

10.

The District Establishment Deputy Collector, Madhepura. 11.

The Sub-Election Officer, Madhepura.

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

For the Petitioner/s :

Mr. Ranjit Kumar Singh, Advocate For the Respondent/s :

Mr. P.K. Verma, AAG-3 Mr. Suman Kumar Jha, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 12-12-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Patna High Court CWJC No.2590 of 2018 dt.12-12-2023 2/3

2. Learned counsel for the petitioner submits that the present writ petition has been filed directing the respondent to promote him on the post of Lower Division Clerk under Group-C category in terms of Rule-8 as laid down in the Bihar Collectorate Clerical Cadre (Recruitment and Conditions of Service) Rules, 2011, as contained in Annexure-1.

3. Upon specific direction made by the Court on the supplementary counter affidavit filed by the District Magistrate-cum-Chairman, Departmental Promotion Committee, Madhepura, the specific stand of respondent No.8 has come in paragraph-4 of the supplementary counter affidavit extract of which reads as follows:

"As per the said notification dated 23.03.2011 of State of Bihar, on 23.11.2023 the District Level Departmental Promotion Committee, Madhepura, took decision whereby and whereunder the petitioner Arun Kumar Mahto is eligible to promote from Group "D" category to Group "C"

category vide Memo No.958-2/Est.

Dated 23.11.2023."

4. In the light of the stand taken by respondent

Patna High Court CWJC No.2590 of 2018 dt.12-12-2023 3/3 No.8 in paragraph-4, this writ petition is disposed of. The benefit, as accepted by respondent No.8, is directed to be complied within reasonable period of time.

(Dr. Anshuman, J) Mkr./- AFR/NAFR NAFR CAV DATE NA Uploading Date 18.12.2023 Transmission Date NA