Ghanshyam Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15706 of 2008 ====================================================== Ghanshyam Jha .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Mines and Geology, Government of Bihar, Patna

2. The Under Secretary, Department of Mines and Geology, Government of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Braj Nandan Tiwary For the Respondent/s : Mr. Lallan Kumar, (Spl.Pp)Mines ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-11-2017 Heard both sides.

The petitioner has filed this writ petition for a direction to the respondents to shift the date of his promotion on the post of Geologist from 14.07.2004 to 24.04.2002. The petitioner was appointed on the post of Assistant Geologist on 24.04.1999. Earlier there were two different directorates in the Mines and Geology Department, namely, Directorate of Mines and Directorate of Geology and both the directorates were merged in one directorate, i.e., Mines and Geology Directorate. The qualification for the post of Assistant Geologist and Geologist were the same as M. Sc. (Geology). Time bound promotion from Assistant Geologist to the post of Geologist was provided after three years. The post of Geologist was vacant and the petitioner was fulfilling all the criteria but the petitioner was granted promotion with effect from 14.07.2004 vide notification No. 1434 instead of 24.04.2002. The petitioner also filed representation before the respondents but the respondents has

Patna High Court CWJC No.15706 of 2008 (4) dt.21-11-2017 2/2 not disposed of the representation of the petitioner. The learned counsel for the respondents pointed out that during the pendency of this writ petition the petitioner was dismissed from service and against his dismissal the petitioner preferred CWJC No. 22534 of 2014. The present writ petition was ordered to be placed after disposal of aforesaid writ petition. It is informed that CWJC NO. 22534 of 2014 has been allowed vide order dated 16.03.2017.

Since the representation of the petitioner is pending, I dispose of the writ petition with a direction to the respondents to dispose of the representation of the petitioner within two months from the date of receipt of this order.

This writ petition stands disposed of.

(Prabhat Kumar Jha, J) BKS/- U