Rama Kant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13282 of 2019 ====================================================== Rama Kant, male, aged about 59 years, Son of Late Shyam Sunder Sharma, resident of Village- Kutri, P.O.- Naro Murar, P.S.- Warisaliganj, DistrictNawada. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Works Department, Govt. of Bihar, Patna.

2.

The Under Secretary, Rural Works Department, Govt. of Bihar, Patna. 3.

The Engineer-in-Chief, Rural Works Department, Govt. of Bihar, Patna, Fifth Floor, Vishweshwaraiya Bhawan, Bailey Road, Patna. 4.

The Chief Engineer, Rural Works Department, Purnea, Govt. of Bihar. 5.

Superintending Engineer, Rural Works Department, Works Circle, Purnea. 6.

The Executive Engineer, Rural Works Department, Works Division, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dronacharya, Adv.

For the Respondent/s :

Mr. Anwar Karim, AC to GP-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 04-07-2019 Heard Mr. Dronacharya, the learned Advocate for the petitioner and Mr. Anwar Karim, learned AC to GP-10.

2. The petitioner is aggrieved by the fact

2/4 that despite his seniority in the Department of Rural Works, Govt. of Bihar, Patna, he has not been promoted to the post of Assistant Engineer from the post of Junior Engineer.

3. It has been submitted on behalf of the petitioner that he joined the service as a Junior Engineer in the Department in the year 1988 and his services were confirmed in the year 1990. A gradation list of the Department was prepared in which the petitioner's name figured at Serial No. 108. In the Departmental Promotion Committee Meeting, the persons who are junior to the petitioner in the aforesaid gradation list have been considered for promotion to the next higher post and have actually been promoted to such post. On enquiry by the petitioner, it was found that his case was not considered because of absence of certain documents in his service record. Necessary correspondence also was made with the petitioner for furnishing those records.

3/4

4. Now, according to the petitioner, all such deficiencies in the service record have been removed and whatever document was missing from his service record have now been provided to the concerned respondent. However, till date, no promotion has been granted to the petitioner.

5. A representation was also made by the petitioner before the Under Secretary, Rural Works Department, Govt. of Bihar, Patna, but to no avail.

6. The petitioner, under the aforesaid circumstances, is directed to make a detailed/fresh representation before the Secretary, Rural Works Department, Govt. of Bihar, Patna (respondent No. 1) within a period of four weeks from today, who, on receipt of such representation, shall have the matter verified from the Department and, if the claim of the petitioner is found to be tenable, pass/caused to be passed a reasoned order in accordance with law within a further period of eight weeks thereafter.

7.

With the aforesaid

4/4 observation/direction, the writ petition stands disposed off.

(Ashutosh Kumar, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 08.07.2019 Transmission Date N/A