Devendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14577 of 2022 ====================================================== Devendra Kumar Singh Son of Late Ramayan Singh Resident of near Transformer, Main Road, Kamarpur, P.O. and P.S.- Buxar, District- Buxar, presently working as Assistant Engineer, Bihar Police Building Construction Corporation, Work Circle-2, Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Bihar Police Building Construction Corporation, Kautilya Nagar, Patna14, through the Secretary. 4.

The Director General-cum-Chairman-cum-Managing Director, The Bihar Police Building Construction Corporation, Kautilya Nagar, Patna- 14. 5.

The Secretary, The Bihar Police Building Construction Corporation, Kautilya Nagar, Patna- 14.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Singh, Advocate For the Respondent/s :

Mr.Sheo Shankar Prasad ( SC- 8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-03-2024 The present writ petition has been filed seeking the following reliefs:- "1. (I) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to publish the final Gradation List separately of the Assistant Engineer (Civil) working in the Respondent Corporation and not include the Assistant Engineer (Structure) in the final Gradation List, on the ground that the Cadre of

Patna High Court CWJC No.14577 of 2022(2) dt.12-03-2024 2/3 Assistant Engineer (Civil) and Assistant Engineer (Structure) are two different cadres for which two different honorarium are provided as also for their appointment two different advertisements were published and two different eligibility criteria were fixed but the Respondent Corporation had published the provisional Gradation List jointly vide letter no.

1560 dated 07.06.2021.

(II) Alternatively for issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to place the Assistant Engineer (Structure) working in the Respondent Corporation on contract treating them in the cadre of Assistant Engineer (Civil) since the date of their adjustment/merger in the cadre of Assistant Engineer (Civil) on 19.11.2018 and not from the date of their initial joining as the Assistant Engineer (Structure).

(III) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities after preparing the final gradation list separately of the cadre of Assistant Engineer (Civil) to take steps for their promotion to the

Patna High Court CWJC No.14577 of 2022(2) dt.12-03-2024 3/3 next higher post as per their seniority in accordance with law. "

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) S.Sb/- U