Amar Nath Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4933 of 2017 ====================================================== Amar Nath Dubey Son of Sri Shrrekant Dubey, Resident of House No. B/7, Sector No. D/1, Kankarbagh Colony, Patna- 800020. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Industries, Government of Bihar, Patna 2.

The Chairman, Bihar Public Service Commission, Patna ChairmanDepartmental Promotion Committee. 3.

The Agriculture Production Commissioner, Department of Agriculture, Bihar, Patna (Chairman- Departmental Promotion Committee) 4.

The Deputy Secretary (Establishment), Department of Industries Bihar, Patna (Member of Grievance Redressal Committee) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Nandan Prasad, Adv.

For the Respondent/s :

Mr.Rajiv Roy-GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT Date : 02-04-2019 Supplementary counter affidavit has been filed on behalf of the State during the course of the hearing of the writ petition.

Let it be taken on record.

The affidavit clearly indicates that the Bihar Public Service Commission vide its letter dated 08.03.2019 has forwarded the minutes of the meeting of D.P.C. which was held on 05.03.2019 which reflects that there has been a resolve to grant promotion to the petitioner retrospectively from 06.01.2012. The

Patna High Court CWJC No.4933 of 2017 dt.02-04-2019 2/2 aforesaid recommendation of the D.P.C. has been sent to the Finance Department for its concurrence and approval. The approval of the Finance Department is yet to come. However, since recommendation has been made for giving retrospective promotion to the person as desired by him, the grievance of the petitioner in a large measure, has been redressed. The only hurdle in the petitioner getting the benefit of such retrospective promotion is the concurrence of the Finance Department. This court expects that once such recommendation has been made and there is no other impediment, concurrence would be given forthwith, if not otherwise prohibited under any rule.

The writ petition stands disposed of in terms of what has been stated above.

(Ashutosh Kumar, J) vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.04.2019 Transmission Date