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Patna High CourtCWJC/18806/2021disposed

Rakesh Kumar Singh v. The State Of Bihar

2024-03-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18806 of 2021 ====================================================== Rakesh Kumar Singh Son of Sri Vishwanath Prasad Singh Resident of Indira Nagar Road No.9, P.S.- Jakkanpur, Dist- Postal Park, Patna, at present posted as Deputy Superintendent of Shaheed Jubba Sahani Central Jail Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Additional Chief Secretary, Department of Home (Special), Bihar, Patna. 3.

Additional Secretary, Department of Home Special (Prison), Bihar, Patna. 4.

The Inspector General (Prison), Bihar, Patna. 5.

The Superintendent Saheed Jubba Sahani Central Jail, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramji Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ for commanding and directing the respondents to provide the original seniority of the petitioner as per the recommendation of the Bihar Public Service Commission in the selection list after passing the departmental examination under the provision of Rule 254 of Bihar Jail Manual and the consequential benefits thereof.

(ii) For issuance of an appropriate writ for commanding and directing the

Patna High Court CWJC No.18806 of 2021(2) dt.06-03-2024 2/3 respondents to promote the petitioner to the post of Deputy Superintendent/ Superintendent after completion of Kalawadhi as the department did not hold the departmental examination from 2004 to 2007, 2009 and 2011 to 2017 that is why the petitioner could not clear the departmental examination at the relevant time and he could not be promoted to higher post of Deputy Superintendent/ Superintendent after completion of Kalawadhi and provide the consequential benefit thereof.

(iii) For issuance of an appropriate writ for commanding and directing the respondent to promote the petitioner to higher post of Deputy Superintendent/ Superintendent after completion of Kalawadhi, at list with effect from the date the juniors were promoted and also provide consequential benefits thereof."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Additional Chief Secretary, Department of Home (Special), Government of Bihar, Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate

Patna High Court CWJC No.18806 of 2021(2) dt.06-03-2024 3/3 petition is filed, by the petitioner, before the Additional Chief Secretary, Department of Home (Special), Government of Bihar, Patna, within a period of two weeks from today, the same shall be considered, in accordance with law and a reasoned and a speaking order shall be passed, thereon, within a period of six weeks, thereafter.

4. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U