Patna High CourtCWJC/13704/2008dismissed

Ramesh Kumar Singh v. The State Of Bihar And ORS

2017-01-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13704 of 2008 =========================================================== Ramesh Kumar Singh s/o Late Ramashish Singh, r/o Dhandih, P.s. - Daronda, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary-cum-Commissioner, Water Resources Department, Bihar, Patna

2. The Deputy Secretary Water Resources Department, Bihar, Patna

3. The Chief Engineer (Mechanical) Water Resources Department, Patna

4. The Superintending Engineer, Water Resources Department Mechanical Circle Muzaffarpur

5. The Executive Engineer Mechanical Division, Muzaffarpur

6. The Sub-Divisional Officer Mechanical Sub-Division, Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. MANOJ KUMAR, Adv. For the Respondent/s : Mr. (GA10) =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 20-01-2017 Nobody appears on behalf of the petitioner.

Learned counsel for the State is present. State has also filed counter affidavit stating that the petitioner did not pass the Accounts Examination and therefore, his time bound promotion was illegal and accordingly cancelled.

It is further submitted that the petitioner was granted Conveyance Allowance on the ground that he was physically handicapped, but Finance Department, Government of Bihar vide notification, as contained in memo no. 7663 dated 30.10.2000, stated that the Conveyance Allowance will be granted to blind or such disabled employee, who is unable to move due to disability in the

Patna High Court CWJC No.13704 of 2008 dt.20-01-2017 2/2 lower portion of his body and according to the aforesaid circular, petitioner, whose hand was incapacitated, does not come within the category of disabled person, who is unable to move. Accordingly, the Conveyance Allowance was discontinued from the year 2001. Considering the facts aforesaid, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed. (Prabhat Kumar Jha, J.) Vinita/- U