Neena Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14099 of 2018 ======================================================

1. Neena Singh Wife of Shailesh Ranjan, Resident of New Moharabadi Area, Antu Chowk, Police Station-Bariyatu District-Ranchi (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of BIhar, Patna.

2. The Principal Secretary, Social Welfare Department, BIhar, Patna.

3. The Joint Secretary, Social Welfare Department, Bihar, Patna.

4. The Director, ICDS Directorate, Social Welfare Department, Bihar, Patna.

5. Promoted as District Programme Officer, Posted at Rohtas.

6. Promoted as District Programme Officer, Posted at Rohtas.

7. Promoted as District Programme Officer, Posted at Saran at Chapra. null null

8. Promoted as District Programme Officer, Posted at West Champaran.

9. Promoted as District Programme Officer, Posted at Gopalganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate Mr. Mukesh Kumar, Advocate For the State : Mr. Sunil Kumar Mandal -SC3 Ms. Neelam Kumari, AC to SC3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In the present writ petition, relief has been sought by the petitioner that he has been deprived of promotion. Though his junior has been promoted but on account of the fact that petitioner has failed to clear the departmental examination and as has been stated that petitioner has already crossed the age of 50 years so his application for granting exemption should be considered in terms of the Rule framed by the State of Bihar

Patna High Court CWJC No.14099 of 2018 (2) dt.04-09-2018 i.e. Bihar Government Servant Exemption from Passing of Departmental Examination Rules, 2018.

The petitioner has already filed a representation before the concerned authority which is pending for consideration. In such view of the matter, the concerned authority is directed to consider the representation of the petitioner in terms of the Rule and if exemption is granted, in that circumstance, the authority will consider the case of promotion of the petitioner. All process should be completed within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U