Patna High CourtCWJC/13594/2016allowed

Nawal Kishore Prasad v. The State Of Bihar And ORS

2016-12-01Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13594 of 2016 =========================================================== Nawal Kishore Prasad Son of Late Ramavatar Prasad resident of B-502 Officer's Hostal, Police Station Kotwali, District Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

2. The principal Secretary, General Administration Department, Old Secretariat, Patna

3. The Principal Secretary, Building Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

4. The principal Secretary, Finance Department, Old Secretariat, Police Station Sachivalaya, District Patna

5. The Special Secretary, Road Construction Department, Vishweshraiya Bhawan, Bailey Road, Patna

6. The Joint Secretary, Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

7. The Engineer-in-Chief, Road Construction Department, Vishweshwaraiya Bhawan, Bailey Road, Patna.

The Deputy Secretary, (Vigilance) Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

9. The Deputy Secretary, (Management Cell), Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

10. The Under Secretary, (Management Cell), Road Construction Department, Vishwesharaiya Bhawan, Bailey Road, Patna

11. The Bihar Public Service Commission through its Secretary, having his Office in 15 Bailey Road, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Rupak Kumar, Advocate For the Respondent State: Mrs. Ratna Kumari, A.C. to PAAG2 For the Respondent BPSC:

Mr. Sanjay Pandey, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 01-12-2016 Heard counsel for the petitioner and perused the original file of C.W.J.C. No. 5667 of 2014, disposed of on 02.03.2016. Keeping in mind that there was a prayer of the petitioner to shift his date of promotion from 24.11.2004 to 28.04.2000, the

Patna High Court CWJC No.13594 of 2016 dt.01-12-2016 2/2 date his immediate juniors were promoted as Assistant Engineer, the order impugned contained in Annexure-1 dated 16.06.2016 stands quashed. Matter is remanded back for fresh consideration. The consideration must include the aspect of the main prayer of the petitioner in the previous writ application seeking promotion from the date the juniors were given the benefit.

Decision must be rendered within a period of three months.

(Ajay Kumar Tripathi, J) Pawan/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 02.12.2016 Transmission Date N/A