Dharmendra Kumar Chanchal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12896 of 2019 ====================================================== Dharmendra Kumar Chanchal, aged bout 48 years, Male, S/o Ram Vilash Ram, Vill.- Jamuhari, P.o.- Jamuhari, P.S.- Mehadiya, Distt.- Arwal. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Work Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Rural Work Department, Govt. of Bihar, Patna. 3.

The Engineer-in Chief, Rural Work Department, Govt. of Bihar, Patna. 4.

The Chief Engineer-2, Rural Work Department, Bihar, Patna. 5.

The Executive Engineer, Rural Work Department, Work Division, Neemchak Bathani.

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Respondent/s :

Mr. Ajay (GA5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 01-07-2019 The petitioner, who is a Printer, seeks his promotion to the post of Draftsman-1 on the basis of his seniority.

2. It has been submitted on behalf of the petitioner that he was appointed as a Printer in the year 1992. The next promotional post is that of Draftsman-1. In

Patna High Court CWJC No.12896 of 2019 dt.01-07-2019 2/3 the seniority list which has been prepared by the Department, the name of the petitioner figures at serial No.

31. However, without assigning any reason, persons junior to him and placed at serial Nos. 34 and 39 have been given promotion to the post of Draftsman-1.

3. The petitioner, being at a loss to know the reason for his exclusion, represented before the Chief Engineer-2, Rural Works Department, Govt. of Bihar, Patna several times, but to no avail. For the last seven to eight years, the petitioner has had to suffer the ignominy of working below the persons who are junior to him and were promoted to the next higher post.

4. Under the aforesaid circumstances, this Court directs the petitioner to make a representation before the Principal Secretary, Rural Works Department, Govt. of Bihar, Patna (respondent No. 2) within a period of four weeks from today, who, on receipt of such representation, shall inquire from the Chief Engineer-2, Rural Works Department, Govt. of Bihar, Patna as to why the repeated representations of the petitioner were not disposed off and

Patna High Court CWJC No.12896 of 2019 dt.01-07-2019 3/3 shall cause an order to be passed by the concerned respondent within a further period of four weeks thereafter, if the claim of the petitioner is found to be tenable.

5. With the aforesaid direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 04.07.2019 Transmission Date N/A