Chandra Sekhar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13681 of 2024 ====================================================== 1.
Chandra Sekhar Prasad S/o late Ramjee Prasad, Resident of Uttam Coloney, Road no.- 3, near Parsa Bazar Station, P.S.- Parsa Bazar, District- Patna. 2.
Umesh Kumar, S/o- Indra Deo Prasad, Resident of village- Sadaweh, P.S.- Dulhin Bazar, District- Patna.
3.
Dhananjay Ranjan, S/o- late Bajnath Prasad Verma, resident of Magadh Coloney, Kurji, P.S.- Digha, District- Patna. 4.
Shailendra Prasad Singh, S/o- late Krishna Dev Prasad, resident of villageSithaura, P.S.- Rajgir, District- Nalanda. 5.
Awdhesh Prasad @ Awadhesh Kumar, S/o- late Rameshwar Singh, resident of village- Chondi, P.S.- Barh, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Secretary, Road Construction Department, Govt of Bihar, Patna.
2.
The Secretary, Road Construction Department, Govt. of Bihar, Patna. 3.
The Engineer in Chief, Road Construction Department, Nirman Bhawan, Bihar, Patna.
4.
The Chief Engineer, South, Road Construction Department, Bihar, Patna. 5.
The Superintending Engineer, Central Circle, Road Construction Department, Patna.
6.
The Executive Engineer, New Capital Division, Road Construction Department, Patna.
7.
The Executive Engineer, Patna City, Gulzarbagh, Road Construction Department, Patna.
8.
The Executive Engineer, Nalanda, Road Construction Department, Bihar Sharif, District- Nalanda.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Respondent/s :
Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2024 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ramadhar Singh, learned GP-25 for the respondent/s.
Patna High Court CWJC No.13681 of 2024(2) dt.10-09-2024 2/3
2. The petitioners in paragraph no. 1 of the present writ petition have sought inter alia following relief(s), which is reproduced hereinafter:
"i. For the issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the respondents' authorities to give the promotion to the post of LDC pursuant to office order no. 103 dated 12.12.2023 passed by the respondent superintending engineer as contained in his memo no. 3163 dated 12.12.2023.
ii. Further for direction to the respondent authorities to grant the promotion with effect from issuance of aforesaid letter.
iii. And further for direction to respondent's authorities to pay the entire consequential benefits with effect from aforesaid order.
iv. For issuance of any other writ/writs, order/orders, direction/directions, for which the petitioner shall be found entitled under the facts and circumstances of the case as stated herein below for the ends of equitable justice."
3. Learned counsel appearing on behalf of the petitioners submitted that the petitioners became entitled for the post of Lower Division Clerk (L.D.C.) much earlier but the petitioners have been promoted with effected from 12.12.2023 and they have been denied all the financial benefits accrued from the date, they became entitled for their promotion. Learned counsel further submitted that petitioners have already filed detailed representations before the appropriate authority for considering their grievance, however, the same are pending till date and the petitioners have been forced to file the present writ petition.
4. Considering the limited relief sought on behalf of
Patna High Court CWJC No.13681 of 2024(2) dt.10-09-2024 3/3 the petitioners, I direct the authority concerned to take a final decision on the representations of the petitioners and dispose of the representations expeditiously, in accordance with law.
5. With above observations/directions, the present writ petition is disposed of.
(Purnendu Singh, J) Niraj/- U