Kameshwar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12460 of 2014 ====================================================== Kameshwar Jha son of Lt. Janardan Jha resident of village : - Sahora, P.O. : - Anandpur, P.S. : -Ashok Paper Mill, District : - Darbhanga, posted as an Assistant in Jagdish Nandan College, Madhubani, a Constituent Unit of Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga. ... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Department of Higher Education, Bihar, Patna.

2. The Secretary, Department of Higher Education, Bihar, Patna.

3. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

5. The Secretary, Governing Body of Jagdish Nandan College, Madhubani.

6. The Principal, Jagdish Nandan College, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Respondent/s :

Mr. Chandra Mohan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date : 25-10-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

2. The present writ application involved the issue of non-consideration of the case of the petitioner for grant of promotion as Head Clerk.

3. Learned counsel appearing on behalf of the petitioner submits that juniors to the petitioner have already been granted such promotion but the case of the petitioner despite seniority was ignored by the respondents. Even after four long years, the respondents have not filed any counter affidavit.

4. Under the aforesaid circumstance, instead of

Patna High Court CWJC No.12460 of 2014 dt.25-10-2018 2/2 keeping the writ petition pending, the writ petition is disposed of with a direction to the University to take appropriate decision with regard to the claim of the petitioner for grant of promotion if the juniors to the petitioner have been granted promotion ignoring the seniority of the petitioner.

5. Necessary corrective measure may be taken by the respondent University within a maximum period of three months from the date of receipt/production of a copy of this order and if the University disputes the claim of the petitioner , the University is required to pass reason order for rejecting the claim of the petitioner.

6. Necessary decision must be taken by the respondents within the time frame as indicated hereinabove. In the event, if the claim of the petitioner is admitted by the respondents, the consequential benefits must reach the petitioner within a further period of one month from the date of taking such decision.

7. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2018 Transmission Date