Nishant Ranjan v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7817 of 2015 ====================================================== Nishant Ranjan. Son of Sri Prabhu Nath Singh. Resident of Village - Shikarpur, P.S.- Sonepur, District - Saran at Chapra. At present posted as Cook, CRPF, Regional Office, Latehar (Jharkhand). .... .... Petitioner/s

Versus

1. The Union of India through the Director General, CRPF, New Delhi.

2. The Deputy General of Police, CRPF, Bihar, Patna.

3. The Inspector General of Police, CRPF, Regional Office, Muzaffarpur.

4. The Commandant-11 Batalian CRPF, Block Colony Latehar (Jharkhand). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kishore Thakur, Adv For the Respondent/s : Mr. Sanjay Kumar(ASG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 18-05-2015 Heard learned counsel for the parties.

Having regard to the nature of relief sought in this writ application, as would be more clear from the relevant portion of the petitioner, which reads as follows:- "For issuance of writ in the nature of mandamus commanding and directing the Respondents Authority to convert the cadre of the petitioner from the post of Cook to Constable CRPF as the petitioner holding the qualification of Constable especially as the case of the petitioner was recommended for converting cadre from the post of Cook to Constable in the year 2009 and may others have been converted their job and later on the rule of conversion of the cadre from Cook to Constable has been permanently closed in view of the Letter No. 3/2010.

For further direction to the Respondents Authority to dispose of the representation of the petitioner by reasoned and speaking order within time framed."

Patna High Court CWJC No.7817 of 2015 (2) dt.18-05-2015 while this Court would find it difficult to issue any direction to the respondents to convert the cadre of the petitioner from the post of Cook to the post of Constable in Central Reserve Police Force (CRPF) merely on the basis of the executive instruction which was also in existence till 2010 only, nothing said in this order, however, will come in the way of the respondents to dispose of the representation of the petitioner and take a decision strictly in accordance with law within a period of four months from the date of receipt of this order, which must be accompanied with the representation of the petitioner.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U