Vijay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6395 of 2015 ======================================================

1. Vijay Kumar Son of Late Kanhaiya Prasad. Resident of Mohalla - Bhagwati Nagar, Hari watika Chowk, Police Station - Bettiah Muffasil, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Chief Secretary, Water Resource Department, Government of Bihar, Patna.

2. The Principal Secretary, Department of Finance, Government of Bihar, Patna.

3. The Deputy Secretary, Water Resource Department, Government of Bihar, Patna.

4. The Chief Engineer, Water Resource Department, District - Siwan.

5. The Chief Engineer, Water Resource Department, Balmiki Nagar, camp at Motihari, East Champaran.

6. The Superintending Engineer, Water Canal Circle, Bettiah, District West Champaran.

7. The Executive Engineer, Tirhut Canal Division No.2, Bettiah, West Champaran.

8. The Accountant General, Bihar, Office situated at Virchand Patel Marg, Patna, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, advocate For the Respondent/s : Mrs. Gp10-Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2017 Heard both sides.

The petitioner has field this writ petition for directing the respondents to grant promotion to the petitioner from class-IV to class-III post.

The facts, which are relevant for disposal of this writ petition, are that the petitioner was appointed on class-IV post on compassionate ground in the year 2005. The Executive Engineer, Tirhut Canal Division No.2, West Champaran, Bettiah vide his letter No. 458 dated 07.04.2009 directed the petitioner to work in the place of Hari Narayan Jha, Clerk, who was to superannuate, as his helper. The Finance Department, Government of Bihar vide its resolution No. 630 dated 21.01.2010 directed that the persons who

Patna High Court CWJC No.6395 of 2015 (2) dt.17-08-2017 2/2 are working in category-D posts of the Government of Bihar shall be promoted to the post of Clerk if they possess requisite qualification for promotion without any written test. The Executive Engineer also recommended the name of petitioner for promotion.

The learned counsel for the petitioner submits that petitioner has got requisite qualification for promotion to class-III post and no departmental examination is required but the authorities are sitting over the matter.

The State has filed counter affidavit stating that the petitioner was appointed on class-IV post on compassionate ground in the year 2005 and no person junior to the petitioner has been promoted to class-III post.

I do not find any force in the submission of learned counsel for the petitioner as the petitioner has not annexed the seniority list of class-IV employees and merely because the Executive Engineer recommended the name of petitioner for promotion the petitioner has got no right to get promotion in classIII post unless any person junior to the petitioner is promoted to class III post.

Having considered the submissions of the parties, I find no merit in this writ petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) BKS/- U