Patna High CourtCWJC/12186/2016disposed

Saurav Kumar v. The State Of Bihar And ORS

2016-10-28Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12186 of 2016 =========================================================== Saurav Kumar, Son of late Raj Kishore Sharma, R/o village- Ismilepur, P.S.- Makhdumpur, District-Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

2. The Chief Engineer (Mechanical), Public Health Engineering Department, Government of Bihar, Patna.

3. The Superintending Engineer, Public Health Engineering Department, Patna Circle, Patna

4. The Executive Engineer, Public Health Engineering Department, Patna East, Patna .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar Ms. Ritika Rani Ritu Raj For the Respondent/s : Mr. Subhash Pd. Singh, GA-3 Mr. Binit Kumar, AC to GA-3 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 28-10-2016 Counsel representing the State informs the Court that due to a mix-up internally the necessary counter affidavit could not be filed, when the matter was taken.

The Chief Engineer and Superintending Engineer, PHED are present in person, as directed.

A counter affidavit has been filed. Through the counter affidavit an effort has been made to explain the reason for delay in the consideration of the case of the petitioner. Primary reason being

Patna High Court CWJC No.12186 of 2016 dt.28-10-2016 2/2 non-availability of vacancy and restriction imposed by the State Government, putting an embargo of 10 per cent only being provided for compassionate appointment.

The Court, however, is informed by the Chief Engineer that the vacancy is going to arise on 31st of October, 2016 at a classiv level. They are willing to make appointment of the petitioner after the vacancy occurs on 31st of October, 2016.

The authorities are directed to issue the necessary order in favour of the petitioner on the vacancy occurring on 31st of October, 2016.

The personal appearance of the Chief Engineer and the Superintending Engineer, PHED stands dispensed with. Writ application also is disposed off.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

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