Patna High CourtCWJC/11997/2010allowed

Ram Deo Choudhary v. The State Of Bihar And ORS

2018-06-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11997 of 2010 ====================================================== Ram Deo Choudhary S/o Late Budh Deo Choudhary R/o Vill.- Mainpura, Near Kushwaha Panchayat Bhawan, Danapur, P.S.- Danapur, Distt.- Patna, at Present Assistant Engineer, National Rural Engineering Project (N.R.E.P.), Aurangabad, Distt.- Aurangabad, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary Road Construction Department, Government of Bihar, Patna

3. The Deputy Secretary, Road Construction Department Govt. of Bihar, Patna

4. Barister Ram, Assistant Engineer C/o Principal Secretary, Road Construction Department, Govt. of Bihar, Patna .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Rajednra Prasad Singh, Sr. Advocate Mr. Gyanendra Kumar Diwarkar Mr. Rajeev Kumar Singh For the Respondent/s : Mr. AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2018 The petitioner by way of the present writ petition has prayed for issuing direction to the respondent to grant benefits of the Assured Career Progression Scheme with effect from 03.01.2005 and consider the case of the petitioner for promotion on the post of Executive Engineer, Road Construction Department, Government of Bihar, Patna.

The respondents were granted opportunity on several occasions for filing the counter affidavit but still no counter affidavit has been filed till date.

Patna High Court CWJC No.11997 of 2010 (8) dt.20-06-2018 2/2 In view of the aforesaid, since the averments made in the writ petition remained uncontroverted and the respondents are not interested in denying the claim of the petitioner herein, it is directed that the petitioner be granted Assured Career Progression with effect from 03.01.2005. It is further directed that the case of the petitioner for promotion on the post of Executive Engineer be considered within a period of four weeks from today and a final order be passed regarding the same.

The writ petition is allowed.

(Mohit Kumar Shah, J) S.Sb/- U