Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17216 of 2021 ====================================================== Pawan Kumar Son of Shyam Narayan Prasad, resident of Village - Sheikhpura, P.S.- Ramkrishna Nagar, Dist. - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Water Resources Department Govt. of Bihar Patna.

2.

The Deputy Secretary (Management) Water Resources Department Govt. of Bihar, Patna.

3.

The Secretary Bihar Public Service Commission, Patna. 4.

The Principle Secretary Road Construction Department Govt. of Bihar, Patna.

5.

The Principle Secretary Rural Work Department Govt. of Bihar, Patna. 6.

The Principle Secretary General Administration Department Govt. of Bihar, Patna.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

2. In the instant petition, petitioner has prayed for following reliefs:

"i) For giving a direction to grant promotion to the petitioner on the post of Asst. engineer (Civil) under 10% quota of AMIE/equivalent degree quota Junior Engineer of year 2012 of the water resources department, with due date of promotion along with all consequential

Patna High Court CWJC No.17216 of 2021 dt.12-01-2022 2/3 benefits.

ii) For giving a direction to respondent no. 3 to make compliance of order issued by the respondent no. 2 dt.

22.7.2014 (Ann8) of the writ petition.

iii) For giving a direction to take further action in light of compliance made of the order contained in letter no.

858 dt. 25.5.2017 (Ann-9) of the writ petition.

iv) Any other relief/reliefs which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

3. Short question for consideration in the present petition is whether petitioner is entitled to be promoted to the post of Assistant Engineer (Civil) under 10% quota of AMIE/equivalent degree holder.

4. The concerned respondent is hereby directed to take note of service particulars of the petitioner read with the mode of appointment of Assistant Engineer (Civil) in particularly 10% quota earmarked for such of those engineers who possess AMIE and equivalent degree. If petitioner is otherwise eligible, he shall be promoted to the post of Assistant Engineer (Civil) under 10% quota. If the petitioner is not otherwise eligible, necessary detailed speaking order shall be passed and communicated to the petitioner as to why petitioner is not entitled to be promoted to the post of Assistant Engineer (Civil) under 10% quota. The above exercise shall be completed

Patna High Court CWJC No.17216 of 2021 dt.12-01-2022 3/3 within a period of three months from the date of receipt of this order.

5. With the aforesaid observations, the instant petition stands disposed of.

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