Adtiya Narayan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10353 of 2022 ====================================================== Adtiya Narayan Roy son of Ramdeo Roy, resident of House No. - 182, Williams Town, Deoghar, P.S. - Jassidih, District - Jharkhand, Bihar - 814112. ... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The Secretary, Agriculture Department, Government of Bihar, Patna. 3.

The Director, Agriculture Department, Government of Bihar, Patna. 4.

The Special Secretary - cum - Director, BAVAS - cum - Administrator, BSA Marketing Board.

5.

Sri Abhanshu C. Jain, Director Bameti, Bihar, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Y.V. Giri, Sr. Advocate Mr.Pranav Kumar, Advocate For the Respondent/s :

Mr.Raghwanand, GA-11 Mr.Sanjay Kr. Tiwari, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-04-2023 There are two main prayers in this writ application. So far as the prayer No. (i) is concerned, it is for quashing of the order of transfer as contained in memo no. 3428 dated 30.06.2022 (Annexure '4'). This Court has been informed that the petitioner has already joined at the transferred place. Prayer No. (ii) is for a direction to the respondents to appoint the petitioner to the post of Director under Agriculture Department, taking into consideration the seniority list/gradation list bearing memo no. 225 dated 21.01.2020 along with consequential benefits.

Learned senior counsel for the petitioner submits that

Patna High Court CWJC No.10353 of 2022(3) dt.06-04-2023 2/3 the persons junior to the petitioner whose names have been disclosed in the chart at serial no. 1, 2 and 3 under paragraph '9' of the writ application have been granted promotion. It is submitted that the petitioner has filed representations dated 30.06.2022 as contained in Annexure '5' and '5A' to the writ application but those have not been considered. Learned senior counsel for the petitioner submits that at this stage petitioner would be satisfied if this Court directs the Secretary, Agriculture Department, Government of Bihar, Patna (Respondent No. 2) to consider both the representations of the petitioner as contained in Annexure '5' and '5A' within a reasonable period and dispose of the same by a reasoned order. Mr. Sanjay Kr. Tiwari, learned AC to GA-11 is present for the State and he has no objection to issuance of such directions to respondent no. 2.

In the given facts and circumstances and the kind of submissions advanced before this Court, this Court directs Secretary, Agriculture Department, Government of Bihar, Patna (Respondent No. 2) to consider the representations of the petitioner as contained in Annexure '5' and '5A' to the writ application which is said to be pending with him since 30.06.2022. Such consideration shall be given keeping in view

Patna High Court CWJC No.10353 of 2022(3) dt.06-04-2023 3/3 all the submissions of the petitioner particularly that the three persons, shown at serial no. 1, 2 and 3 in the chart provided under paragraph '9' of the writ application, have been appointed as Director. Respondent No. 2, shall pass a reasoned order within a period of three months from the date of receipt/production of a copy of this order.

This Writ Application stands disposed of accordingly. (Rajeev Ranjan Prasad, J.) Rajeev/- U