Patna High CourtCWJC/273/2017disposed

Dr. Shiva Kumar Mishra v. The State Of Bihar And ORS

2017-10-13Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.273 of 2017 ====================================================== Dr. Shiva Kumar Mishra, Son of Sri Mahadeo Mishra, Resident of Village- & Post- Satghara, P.S.- Babubarhi, District- Madhubani, at present resides at House of Doman Rai, North Mandiri, P.S. Budha Colony, District- Patna.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Art Culture and Youth Department, Government of Bihar, Patna.

2. The Deputy Secretary, Art Culture and Youth Department, Bihar, Patna.

3. The Principal Secretary, General Administration Department, Govt. of Bihar, Patna.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Karn, Adv. For the Respondent/s : Mr. Gajendra Pd. Yadav, SC17 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-10-2017 Heard learned counsel for the parties.

While it is the prayer of the petitioner to direct the respondents to consider his case for promotion to the post of Research and Publication Officer/ Curator, the counter affidavit filed by the respondents at paragraph 8 acknowledges the prayer with the submission that the case of the petitioner for promotion can only be considered on turn and after the Officers senior to him have been considered.

According to Mr. Sunil Kumar Karn, learned counsel for the petitioner, while there are five vacant post of Publication Officer/ Curator, the petitioner is fifth in order of seniority and thus, fit for consideration of his case for promotion.

Patna High Court CWJC No.273 of 2017 (2) dt.13-10-2017 In the circumstances so discussed, let the Principal Secretary, Department of Art, Culture and Youth, consider the grievance of the petitioner and pass appropriate order in accordance with law within a period of three months from the date of receipt/ production of a copy of this order. With the aforementioned observation and direction, the writ petition is disposed of.

(Jyoti Saran, J) Surendra/- U