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Patna High CourtCWJC/761/2017disposed

Sujeet Kumar Paswan @ Sujit Kumar Paswan v. The State Of Bihar And ORS

2018-04-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.761 of 2017 ====================================================== Sujeet Kumar Paswan @ Sujit Kumar Paswan, Son of Late Ritalal Paswan, Resident of Mohalla-Chhapki Parri (Chatra Pokhar), P.S.- Sadar (Darbhanga), District- Darbhanga.

... ... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary Human Resource Development Department, Govt. of Bihar, Patna.

2. The Vice-Chancellor of Kameshwar Singh Darbhanga, Sanskrit University, Darbhanga.

3. The Registrar of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga.

4. The Finance Officer, Kameshwar Singh, Darbhanga Sanskrit University, Darbhanga.

5. The Proctor of Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha, Advocate For the Respondent/s :

Mr. Vinay Kr. Mishra- Aag15 For the University :

Mr. Gyanand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as the University.

The grievance of the petitioner in the present writ application is non consideration of promotion from Class-IV to Class III.

On behalf of the University, a counter affidavit has been filed. In para-8 of the counter affidavit the following stand has been taken which reads as follows:- "That in reply to the statements made in

Patna High Court CWJC No.761 of 2017(4) dt.02-04-2018 2/2 paragraph-4 of the Writ petition is stated that the matter regarding promotion of Class IV employees on Class-III post is under process and in the said process if it is found that the petitioner fulfills the criteria for promotion and qualifies for the same will be promoted to Class-III post in accordance with law."

In view of the specific stand of the respondentUniversity that the case of the petitioner would be considered for promotion against Class-III post in accordance with law, the writ petition is disposed of with direction to the University to consider the case of the petitioner alongwith other eligible candidates for grant of promotion against Class-III if not already decided within a maximum period of four months from today and in case the petitioner is found eligible for promotion, the respondents are required to honour their undertaking made in para-8 of the counter affidavit.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U