Surendra Kumar Shrivastava v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15692 of 2015
1. Surendra Kumar Shrivastava, son of Late Chandrika Prasad, Resident of Mohalla - New Chandmari, Near Durga Mandir, Motihari, P.S. - Motihari, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Bihar, Patna - cum - Member of Departmental Proceeding of Commercial Taxes Department, Bihar, Patna.
3. The Commissioner of Commercial Taxes-cum-Principal Secretary, Department of Commercial Taxes, Bihar, Patna.
4. The Chairman of Departmental Promotion Committee, Bihar, Patna - cum - Member Board of Revenue, Bihar, Patna.
5. The Under Secretary to Government of Bihar, Department of Commercial Taxes Department.
6. Sri Rajesh Kumar, son of not known to the petitioner, the Assistant Commissioner of Commercial Taxes at Patna, Madhya Anchal, Patna.
7. Sri Krishna Kant Yadavendu, Son of not known to the petitioner, the Assistant Commissioner of Commercial taxes, Karmanasha Janch Chowki.
8. Sri Asharfilal Vidyarthi, son of not known to the petitioner, Assistant Commissioner of Commercial Taxes at Purnea Division (Audit), District - Purnea.
9. Mahanth Baitha, Son of Not known to the petitioner, the Assistant Commissioner of Commercial Taxes at Gaya Circle, Gaya. .... .... Respondent/s with Civil Writ Jurisdiction Case No. 15943 of 2015
1. Surendra Prasad, son of Late Hari Saw, resident of R.K. Plaza, Flat No. 202 at Lalji Tola, behind C.D.A. Building, Police Station- Kadamkuan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Principal Secretary, General Administration Department, Bihar, Patna cumMember of Departmental Proceeding of Commercial Taxes Department, Bihar, Patna.
3. The Commissioner of Commercial Taxes cum- Principal Secretary Department of Commercial Taxes Bihar, Patna.
4. The Chairman of Departmental promotion Committee Bihar, Patna -cumMember Board of Revenue, Bihar, Patna.
5. The Under Secretary to Government of Bihar, Department of Commercial Taxes Department.
6. Sri Shankar Sharma, son of not known to the petitioner, Assistant
7. Sri Md. Moinuddin son of not known to the petitioner, Assistant Commissioner,
8. Sri Sunil Kumar son of not known to the petitioner, Assistant Commissioner,
9. Smt. Shila Pratima Kuzur son of not known to the petitioner, Assistant
10. Md. Shahik son of not known to the petitioner, Assistant Commissioner,
11. Sri Devnand Sharma son of not known to the petitioner, Assistant
12. Md. Asunujama son of not known to the petitioner, Assistant Commissioner,
13. Sri Rajiv Ranjan son of not known to the petitioner, Assistant Commissioner,
14. Sri Kyamul Haque Ansari son of not known to the petitioner, Assistant
15. Sri Sanjay Kumar Prasad son of not known to the petitioner, Assistant
16. Sri Jaishankar Singh son of not known to the petitioner, Assistant
17. Sri Mohan Kumar son of not known to the petitioner, Assistant Commissioner,
18. Sri Vijay Kumar son of not known to the petitioner, Assistant Commissioner,
19. Udain Mishra son of not known to the petitioner, Assistant Commissioner,
20. Smt. Sima Bharti son of not known to the petitioner, Assistant Commissioner,
21. Dr. Dinakar Prasad son of not known to the petitioner, Assistant Commissioner,
22. Sri Dipak Kanan son of not known to the petitioner, Assistant Commissioner,
23. Sri Durga Prasad Mandal son of not known to the petitioner, Assistant
24. Sri Jaleshwar Prasad son of not known to the petitioner, Assistant
25. Sri Prashant Kumar Jha son of not known to the petitioner, Assistant
26. Sri Amar Nath Choudhary son of not known to the petitioner, Assistant
27. Sri Shiven Kumar son of not known to the petitioner, Assistant Commissioner,
28. Sri Arun Kumar Singh son of not known to the petitioner, Assistant
29. Sri Rajendra Kumar son of not known to the petitioner, Assistant
30. Sri Shrawan Kumar son of not known to the petitioner, Assistant
31. Sri Ajitabh Mishra son of not known to the petitioner, Assistant Commissioner,
32. Sri Sanjiv Kumar son of not known to the petitioner, Assistant Commissioner,
33. Sri Nishith Kumar son of not known to the petitioner, Assistant Commissioner,
34. Md. Zakir Ali Anasri son of not known to the petitioner, Assistant
35. Sri Sanjit Kumar son of not known to the petitioner, Assistant Commissioner,
36. Sri Vinay Kumar son of not known to the petitioner, Assistant Commissioner,
37. Sri Kartik Kumar Singh son of not known to the petitioner, Assistant
38. Sri Praveen Kumar son of not known to the petitioner, Assistant Commissioner,
39. Sri Shailendra Kumar Pandey son of not known to the petitioner, Assistant
40. Sri Abhik Awatans son of not known to the petitioner, Assistant Commissioner,
41. Sri Anup Kumar son of not known to the petitioner, Assistant Commissioner,
42. Sri Anil Kumar Singh Vidyarathi son of not known to the petitioner, Assistant
43. Sri Shashi Bhanu son of not known to the petitioner, Assistant Commissioner,
44. Sri Deepak Raj son of not known to the petitioner, Assistant Commissioner,
45. Sri Manindra Kumar son of not known to the petitioner, Assistant
46. Sri Shiril Bek son of not known to the petitioner, Assistant Commissioner,
47. Sri Tej Kumar Kuzur son of not known to the petitioner, Assistant
48. Sri Rashmi Kumar Singh son of not known to the petitioner, Assistant
49. Sri Sunil Kumar Jaiswal son of not known to the petitioner, Assistant
50. Sri Rabindra Kumar son of not known to the petitioner, Assistant
51. Sri Anil Kumar Pandey son of not known to the petitioner, Assistant
52. Sri Raj Kishore Prasad son of not known to the petitioner, Assistant
53. Sri Rajesh Kumar Sinha son of not known to the petitioner, Assistant
54. Sri Krishnakant Yadvendu son of not known to the petitioner, Assistant
55. Sri Asharafi Lal Vidyarthi son of not known to the petitioner, Assistant
56. Sri Mahanth Baitha son of not known to the petitioner, Assistant Commissioner, .... .... Respondent/s Appearance :
(In CWJC No. 15692 of 2015)
For the Petitioner/s : Mr. Indu Bhushan For the Respondent/s: Mr. MD. RAISUL HAQUE- SC4 (In CWJC No. 15943 of 2015) For the Petitioner/s : Mr. Indu Bhushan For the Respondent/s: Mr. DINBANDHU SINGH, GP 9 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 24-11-2015 In both matters the stand of the respondent State is that it is because of the General Administration Department's directive issued on 12.8.2014 that promotion across the board is not being granted. The Court has had occasion to deal with such matter even earlier and it has come to a considered opinion that after the Division Bench of this Court has already upheld the decision of the learned Single Judge striking down the circular in relation to grant of promotion to SC/ST, there is no impediment in the way of all eligible candidates being granted promotion, especially when DPC has recommended their cases.
Till date, there is no order which has been passed by the Hon`ble Apex Court in the so-called SLP, filed by the State and an employee cannot wait indefinitely awaiting final adjudication from the Apex Court when there is no restraint order against either the learned Single Judge or the Division Bench's decision. Both the writ applications stand disposed of with specific direction upon the Principal Secretary, Commercial Taxes Department that the right of the petitioners to be granted promotion in terms of the
decision of the DPC will accrue. A decision in this regard will be taken within a period of three months from today. (Ajay Kumar Tripathi, J) R.K.Pathak/- U