Ramashish Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 15603 of 2011 ====================================================== Ramashish Paswan S/O Late Jagdish Paswan R/O Vill.- Pokharia, P.S.-Town Begusarai, District - Begusarai ... ... Petitioner/s

Versus

1. The State Of Bihar Through Principal Secretary Panchayati Raj Department, Bihar, Patna

2. The Commissioner, Munger Commissionary

3. The District Magistrate, Begusarai

4. The District Development Commissioner, Begusarai - Cum - Chief Executive Officer Zila Parishad, Begusarai

5. The Director, Zila Gramin Vikas Abhikaran, Begusarai

6. The Joint Secretary Rural Development Department, Govt. Of Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Nakul Kumar Jamuar, Advocate For the Respondent/s :

Mr Anjani Kumar, AAG IV withdraw Mr Sanjay Kumar, AC to AAG IV ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 22-11-2018 Heard learned counsel for the petitioner and the respondent-State.

2 The petitioner, being Class IV employee of the District Rural Development Agency (for brevity, DRDA), has approached this Court claiming promotion to Class III post. It is his case that he was appointed in the DRDA at Begusarai in the year, 1983. Relying upon a Resolution issued by the Government of Bihar (erstwhile Personnel and Administrative Reforms Department), as contained in Memo No K-2215 dated 11.02.1995,

Patna High Court CWJC No.15603 of 2011 dt.22-11-2018 2/2 he submits that he is entitled to promotion from Class IV to Class III against the 25% quota to be filled up by way of promotion. He has made his claim with reference to recommendation made by the Deputy Development Commissioner under Letter dated 03.08.1992, in favour of the petitioner.

3 Counter affidavit filed by the Rural Development Department of the Government of Bihar clearly states that the Resolution dated 11.02.1995 relates only to the State Government employees. Petitioner, being an employee of DRDA, is not entitled to claim promotion on the basis of the said Resolution. Such stand of the State is undisputed inasmuch as neither any rejoinder has been filed nor anything has been placed on record to show that the petitioner is entitled to the benefit of Resolution dated 11.02.1995.

4 In view of the aforesaid stand of the State Government, the claim of the petitioner is untenable. The writ petition is dismissed as devoid of merit.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.11.2018 Transmission Date NA