Sri Rajesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10851 of 2014 =========================================================== Sri Rajesh Kumar S/o Late Ram Kishun Das R/o 101 Sashi Rangoli Apartment, Sastrinagar, P.S. Sastrinagar, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Old Secretariat, Government of Bihar, Patna

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna

3. The Secretary, General Administration Department, Government of Bihar, Patna

4. The Bihar Public Service Commission through its Secretary, Bailey Road, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Siya Ram Sahi, Advocate For the Respondent/s : Mr. Kumari Amrita, GP 3 Mr. Mithilish Kumar, AC to GP 3 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 28-08-2018 It is submitted by counsel for the respondents with reference to the statements made in the second supplementary counter affidavit filed by the respondents that earlier the petitioner's case could not have been considered due to pendency of the departmental proceedings. He further submits that now in light of the decision of the General Administration Department dated 01.04.2016 under memo no. 4800 the claim of the petitioner would be considered along with others as now the decision has been taken to consider the pending claims for promotion under the said letter dated 01.04.2016.

2. In view of such stand taken by the respondents, counsel

Patna High Court CWJC No.10851 of 2014 dt.28-08-2018 2/2 for the petitioner submits that since the petitioner has been deprived of his promotion since long his claim may be expedited pursuant to the decision of the General Administrative Department dated 01.04.2016 subject to there being no impediment.

3. This Court would only observe that the petitioner's case for grant of promotion to the post of ADM should be considered in the next meeting of Departmental Promotion Committee (DPC) and consequential benefit is found due be extended to the petitioner without any undue delay.

4. Writ petition is disposed off.

5. It would be open to the petitioner to communicate this order along with his claim so as to facilitate consideration at the next DPC.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date