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Patna High CourtCWJC/14814/2017disposed

Manoj Kumar v. The State Of Bihar And ORS

2018-08-16Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14814 of 2017 ====================================================== Manoj Kumar, C/o K.B. Sinha, Road no - 12 D House No. 8A, West Anand Puri, Boring Canal Road, PO & PS - Budha Colony, Patna. ... ... Petitioner

Versus

1. State of Bihar through Principal Secretary, Government of Bihar, Patna.

2. Principal Secretary, Building Construction Department, Government of Bihar, Patna.

3. Additional Secretary, Building Construction Department, Government of Bihar, Patna.

4. Chief Electrical Engineer, Building Construction Department, Government of Bihar, Patna.

5. Deputy Secretary, Building Construction Department, Government of Bihar, Patna.

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

For the Petitioner/s :

Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Mukesh Kumar Singh, Advocate Mr. Ravi Kumar, Advocate For the Respondent/s :

Mr. Ranjan Kumar Singh, A.C. to P.A.A.G.-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 16-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2.

In this case, the petitioner is seeking relief of promotion to the post of Assistant Electrical Engineer in the Building Construction Department with effect from 27.12.2010. 3.

As per the petitioner different mode has been prescribed for the appointment to the post of Assistant Electrical

Patna High Court CWJC No.14814 of 2017 dt.16-08-2018 2/3 Engineer, such as, 62% posts have to be filled up by direct recruitees, 28% posts have to be filled up by Diploma holders and 10% posts have to be filled up by the Junior Engineer, who has acquired the qualification of A.M.I.E.

4.

As per the petitioner 10% quota i.e. two posts have to be filled by the persons having qualification of A.M.I.E. Already one Arvind Kumar has been promoted to the post of Assistant Electrical Engineer and one post of Assistant Electrical Engineer is still standing vacant, though the petitioner is senior most in that category, but having been denied the promotion to the post of Assistant Electrical Engineer. 5.

Already the petitioner has filed a representation to the Chief Engineer, Building Construction Department. This Court directs the Chief Engineer, Building Construction Department, to examine the claim of the petitioner for promotion with effect from 27.12.2010, as has been mentioned in the representation of the petitioner and if it is found that the petitioner is entitled to the benefit of promotion, needless to say that, the same would be granted to the petitioner as per the law. The entire exercise should be completed within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.14814 of 2017 dt.16-08-2018 3/3 6.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 20.08.2018 Transmission Date N/A.