Thakkan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7605 of 2011 ====================================================== Thakkan Jha, son of Late Baidyanath Jha, permanent r/o Village & PO Maharail, PS Jhanjharpur, District Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary cum Commissioner, Road Construction Department Govt. of Bihar Patna

3. The Commissioner, Darbhanga

4. The Engineer in Chief cum Additional Commissioner cum Special Secretary, Road Construction Department Govt. of Bihar Patna

5. The Executive Engineer, North Bihar Wing, Road Construction Department Darbhanga

6. The Superintending Engineer, Road Construction Department Road Circle, Darbhanga

7. The Executive Engineer cum Technical Advisor to the Superintending Engineer, Road Construction Department Road Circle, Darbhanga

8. The Executive Engineer, Road Construction Department Road Division, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Narayan For the Respondent/s :

Ms. P. Sharma, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2019 The issue whether the petitioner could have been deprived benefits under the assured career progression scheme for non passing of departmental examination, as per submission of Mr. Amrendra Narayan, appearing for the petitioner, now stands concluded by the Division Bench of this Court in the case of Uday Shankar Prasad vs. State of Bihar reported in 2017(3) PLJR 824.

Having regard to the decision in the said case he

Patna High Court CWJC No.7605 of 2011(12) dt.01-07-2019 2/2 submits that placing reliance on the same along with provisions contained in Clause 4( C) (I) of the State Litigation Policy 2011, he would be approaching respondent No. 6.

In the event such an application is filed within four weeks, respondent No. 6 should consider claim of the petitioner by a reasoned and speaking order in accordance with law and dispose of the claim of the petitioner within three weeks thereafter. It is made clear that dues, if found admissible, should be paid within the same period.

The writ petition stands disposed of.

(Madhuresh Prasad, J) SNkumar/- U