Rang Bahadur Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18565 of 2014 ====================================================== Rang Bahadur Singh son of late Ram Miryash Singh resident of village post Danwar P.S. Kachwan District Rohtas at Sasaram ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Department Government of Bihar, New Secretariat, Patna

3. The Vir Kunwar Singh University, Ara through its Vice Chancellor.

4. The Vice Chancellor, Vir Kunwar Singh University, Ara.

5. The Registrar, Vir Kunwar Singh University, Ara.

6. The Principal, A.S. College Bikramganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Respondent/s :

Mr. Kundan Bhadur Singh For the University :

Mr. Rajesh Prasad Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 17-09-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel appearing on behalf of the petitioner submits that petitioner has superannuated on 31.1.2004 without getting any promotion despite recommendation in favour of the petitioner by Principal of the College.

Learned counsel for the petitioners submits that the post of Head Assistant was vacant since 1.10.2001. Thereafter, the petitioner took over the charge of Section Officer and continued up to 2004. He has worked for approximately three years as Section Officer/Head Clerk but he was not paid remuneration admissible to the Head Clerk/Section Officer. Mr. Sanjeev Kumar Mishra, learned counsel

Patna High Court CWJC No.18565 of 2014 dt.17-09-2018 2/2 appearing on behalf of the petitioner submits that since representation addressed to the University failed to evoke any response the petitioner has filed the present writ application. In view of the above, if the representation of the petitioner has not been disposed of as yet, the respondent University is required to decide the representation one way of the or the order and if the respondents rejects the claim of the petitioner for grant of promotion, they have to consider the case of the petitioner for grant of officiating allowances in terms of Rule 103 of the Bihar Service Code if the petitioner has worked and discharged the responsibility on higher post for nearly three years.

Necessary decision on the representation of the petitioner will be taken by the respondents within a period of three months.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 25.09.2018 Transmission Date