Dhaneshwar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14812 of 2006 ====================================================== Dhaneshwar Sah, Son of Late Prabhu Sah, R/Village Saidpur, at present residing at Maulabagh, P.S. Nawadah, District-Bhojpur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector-Cum-Distt. Magistrate, Bhojpur Distt.-Bhojpur at Arrah

3. The Deputy Collector Majarat, Bhojpur District Bhojpur at Arrah

4. The Sub-Divisional Officer, Jagdishpur, Distt. Bhojpur

5. The Circle Officer, Behea, P.S. Behea, Distt. Bhojpur

6. The Commissioner, Patna Division, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Ajay Kumar Ojha, Advocate For the Respondent/s :

Mr. Manish Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 31-08-2018 The learned counsel for the parties are in agreement that the present writ petition can be disposed of with a direction to the Collector-cum-District Magistrate, Bhojpur at Arrah to consider the case of the petitioner for promotion from Class IV to Class-III with effect from the date his juniors have been granted promotion who, according to the petitioner, are similarly situated and whose promotional orders have been annexed as Annexures 8 and 9 to the rejoinder affidavit. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to approach the Respondent No. 2 by filing a representation as also annexing the

Patna High Court CWJC No.14812 of 2006 dt.31-08-2018 2/2 copies of the orders by which his juniors have been promoted whereafter the respondent No. 2 shall consider the case of the petitioner for promotion on the post of Class III from Class IV and pass a reasoned and speaking order within a period of eight weeks thereafter.

It is needless to state that in case, the Respondent No. 2 passes an order in favour of the petitioner granting him promotion from the date his juniors have been granted promotion, the consequential benefits would be paid within a period of eight weeks from passing of the order by the Respondent No. 2.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.09.2018 Transmission Date NA