Ratnesh Kumar Sharma, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14136 of 2025 ====================================================== Ratnesh Kumar Sharma, S/O Late Munshi Sharma, Resident of Mohalla-Sir Ganesh Dutt Colony, Bhagwanpur ,P.S. Sadar, P.O. Bhagwanpur, DistrictMuzaffarpur PIN-843113. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary , Government of Bihar, Patna.
2.
The Principal Secretary, Education Department Government of Bihar, Patna. 3.
The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur. 4.
The Registrar, B.R.A. Bihar University, Muzaffarpur. 5.
The Principal, SRPS College, Jaintpur, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar, Adv.
For the Respondent/s :
Mr. Addl. Advocate General (05) For the BRABU :
Mr. Bindhyachal rai, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-09-2025 Heard the parties.
2. The petitioner has approached this Court seeking a direction upon the respondent University to consider his case for promotion from Class IV to Class III post with the admissible Pay Scale. The petitioner was initially joined his services on the post of Peon long back in the year 1997 under Memo No. B/1332 dated 01.04.1997. Having found him elligible, the Principal of the S.R.P.S. College, Jainpur recommended the name of the petitioner for promotion to the vacant post of Class III vide letter dated 26.08.2008. Since then the petitioner allowed to work against Class III post and in this effect the
Patna High Court CWJC No.14136 of 2025(2) dt.02-09-2025 2/3 Deputy Registrar of the University vide its letter no. 2156 dated 31.12.2008 informed the Principal of the college that the Vice Chancellor of the University has been pleased to allow the petitioner and one Shiv Shankar Prasad Singh to discharge the duty as Class III employees. It has also been informed that the case of the petitioner alongwith other identically situated persons have been referred to Statutory Promotion Committee for a decision in the matter.
3. Learned Advocate for the petitioner referring to the aforenoted letters has vehemently submitted that irrespective of the fact that the name of the petitioner was referred to Statutory Promotion Committee, till date, no decision has been taken. However, in the meanwhile, some of the persons who have approached before this Court, they are promoted to the post of Class III post. Two of such orders, as contained in Annexures 7 and 8, have been brought on record. It is the contention of the petitioner that the entire facts have been brought to the knowledge of the Registrar, BRA, Bihar University, Muzaffarpur but, till date, nothing has been done, thus the present writ petition.
4. Learned Advocate for the University submitted that the matter is required to be examined by the University and for
Patna High Court CWJC No.14136 of 2025(2) dt.02-09-2025 3/3 the said purpose an instruction is required.
5. Having considered the grievance of the petitioner, this Court thinks it apt and proper to dispose off the writ petition with a direction to the respondent nos. 3 and 4 to consider the claim of the petitioner for promotion to Class III post, in the light of Annexure 4 and 5 read with the decisions rendered by this Court in C.W.J.C. No. 10808 of 2021 and further in C.W.J.C. No. 11782 of 2022, preferably within a period of 8 weeks' from the date of receipt/production of a copy of this order.
6. Suffice it to observe that in case the claim of the petitioner finds favour, necessary order must be issued with all the consequential benefits.
(Harish Kumar, J) supratim/- U