The State Of Bihar And ORS v. Ashok Kumar Verma

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1332 of 2014 IN Civil Writ Jurisdiction Case No. 9664 of 1997 ===========================================================

1. The State of Bihar, through the Chief Secretary, Old Secretariat, Patna 800001

2. The Secretary, Department of Mines and Geology, Government of Bihar, Vikas Bhawan, Patna 800001

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

4. The Director (Geology), Department of Mines and Geology, Government of Bihar, Patna

5. The Departmental Promotion Committee through its Secretary null null

6. The Chairman, Departmental Promotion Committee, Old Secretariat, Patna 800001

7. Shyam Sunder Singh, father's name not known, at present posted as Assistant Director (Geo) District Geological Officer, Ranchi, P.S. Dorandas, District- Ranchi

8. Pradip Kumar fathers name not known, presently posted in Minor Irrigation Department, Vikash Bhawan, P.S. Sachivalaya, District Patna

9. Akhilesh Kumar father's name not known, presently posted as Technical Secretary to Director (Geo) Vikash Bhawan, P.S. Sachivalaya, District Patna

10. The Additional Secretary, Department of Mines and Geology, Government of Bihar, Patna .... .... Appellant/s

Versus

1. Ashok Kumar Verma son of Late Shiv Mandir Prasad, at present working as Deputy Advisor, Environment Department, of Forest and Environment, Government of Bihar, Patna .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s :

Mr. D. K. Sinha, Sr. Advocate Mr. Rajendra Prasad, Advocate For the Respondent/s :

Mr. Bajrangi Lal, Advocate Mr. Rambilas Roy Raman, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date: 25-04-2017 Heard learned counsel for the appellants and counsel for the private-respondent.

Patna High Court LPA No.1332 of 2014 dt.25-04-2017 2/2 Since the so called adverse entry, which has also been noted in the order of the Learned Single Judge, which is under challenge, has been held not to be adverse, but only advisory, the direction issued by the Learned Single Judge to grant benefit of promotion from a prior date to the private-respondent, since his juniors had been granted promotion from the said date, cannot be said to be erroneous in any manner.

Appeal has no merit, it is dismissed.

(Ajay Kumar Tripathi, J) (Nilu Agrawal, J) SKM/- AFR/NAFR N.A.F.R.

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