Vijendra Prasad Yadav v. The State Of Bihar And ORS

Patna High Court LPA No.903 of 2015 (2) dt.28-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.903 of 2015 In Civil Writ Jurisdiction Case No. 1602 of 2014 ======================================================

1. Vijendra Prasad Yadav Son of Late Nath Prasad Yadav, Retired Assistant Engineer, Zila Parishad, Bhagalpur Presently residing at Prasad Nivas Prem Nagar, At & P.O. Sabaur, Bhagalpur. .... .... Appellant

Versus

1. The State of Bihar

2. Principal Secretary, Panchayati Raj Department, Government of Bihar.

3. Bhagalpur Zila Parishad, through its D.D.C.- cum C.E.O, Zila Parishad, Bhagalpur.

4. Administrator-cum-chief Executive Officer, Zila Parishad, Bhagalpur.

5. Accountant General, Bihar.

.... .... Respondents ====================================================== Appearance :

For the Appellant/s : Mr. Naresh Nandan, Advocate For the Respondent/s : Mr. Sunil Kr. Mandal, G.A.8 ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 2.

28-07-2017 Heard learned counsel for the parties.

Both the grounds given by the learned Single Judge are cogent and valid grounds for dismissal of the writ application. The reason, therefore, is reproduced hereunder: "4. I do not find any substance in the said claim for two reasons. Firstly, the petitioner cannot claim pay scale of the District Engineer because that was the promotional post from the post of Assistant Engineer against which he is said to have functioned holding substantially the post of Assistant Engineer. Secondly, the petitioner did

Patna High Court LPA No.903 of 2015 (2) dt.28-07-2017 not raise any grievance while he was in service claiming promotion to such post or the pay scale. "

The appeal has no merit, it is dismissed.

(Ajay Kumar Tripathi, J.) (Rajeev Ranjan Prasad, J.) Rajeev/- U