Dilip Kumar Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17749 of 2013 =========================================================== Dilip Kumar Sinha S/O Sri Kanhaiya Lal Resident Of Village- Chandhariya, P.SJaitipur ( Kurua), District- Jahanabad, At Present Residing At Mohalla- Indrapur Colony, Ashiyana (Raja Bazar), Patna.

.... .... Petitioner/s

Versus

1. The State Of Bihar, Through The Chief Secretary, Bihar, Patna.

2. The Principal Secretary, Planning And Development Department Government Of Bihar, Patna.

3. The Additional Secretary, Planning And Development Department Government Of Bihar, Patna.

4. The Deputy Secretary, Planning And Development Department Government Of Bihar, Patna.

5. The District Planning Officer, District- Supaul.

6. The Joint Director, Planning And Development Department Government Of Bihar, Patna.

7. The Joint Director, (Establishment), Planning And Development Department Government Of Bihar, Patna.

8. The Chairman, Bihar Public Service Commission, Bihar, Patna.

9. Vinod Kumar Sinha, Sub- Planning Officer, Planning And Development Department, Buxar.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Anshul, Advocate Mr. Uma Shankar Sharma, Advocate For the BPSC : Mr. Subodh Chandra Jha, Advocate For the State :

Mr. S. Raza Ahmad, AAG 5 :

Mr. Bijoy Kumar Sinha, AC to AAG 5 =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-08-2018 Heard learned counsel for the petitioner, the respondent State as well as learned counsel for the BPSC.

2. Petitioner is aggrieved by order of promotion to the cadre of Sub Planning Officer. His claim in the instant writ petition is that the same be treated with effect from 30.06.2010.

Patna High Court CWJC No.17749 of 2013 dt.08-08-2018 2/2

3. The specific instance which has been raised by the petitioner to show that he is being prejudiced by such grant of promotion with effect from 28.06.2013, pursuant to the order passed on the petitioner's writ petition bearing CWJC No. 9676 of 2011 is the case of one Vinod Kumar Sinha. It is alleged that he too has been granted promotion but even though he is junior to the petitioner the petitioner's order of promotion has come subsequent to that of Binod Kumar Sinha.

4. State has filed its counter affidavit. It is specific case of the respondent State that notional promotion has been granted to the petitioner with effect from 30.06.2010 as Sub Planning Officer in scale of PB-2, G.P-4200/-.

5 Since submission made in the counter affidavit takes care of petitioner's claim made in the instant writ petition, no further order needs to be passed in the instant writ petition.

6. Writ petition is dismissed as infructuous. (Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date