Shailendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21314 of 2018 ====================================================== Shailendra Kumar Yadav S/o late Sukan Yadav Resident of Village- Dhanho, Post- Hardiya, P.S.- Sindhiya, District- Samastipur, At Present Primary Health Centre, Hilsa, Nalanda.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.

2.

The Director in Chief, Health Services Bihar, Patna. 3.

The District Magistrate, Nalanda at Biharsharif. 4.

The Civil Surgeon-Cum-Chief Medical Officer, Nalanda at Biharsharif. 5.

The In Charge Medical Officer, Primary Health Centre, Hilsa , Nalanda. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Arvind Kumar Sinha For the Respondent :

Mr.Md.N.H.Khan, SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2019 A counter affidavit has been filed on behalf of the State respondents, which is taken on record.

The petitioner claims that he is working as Health Worker in Primary Health Centre, Hilsa, in the district of Nalanda. He has filed this writ application seeking direction to the respondents to promote him to the post of Driver in terms of letter No.414 dated 14.10.2003. Letter dated 14.10.2003 has been brought on record, which is a communication made by the Civil Surgeon-cum-Chief Medical Officer, Nalanda, addressed to the District Magistrate, Nalanda, wherein up-gradation of the post, which the petitioner is holding, as Driver has been

Patna High Court CWJC No.21314 of 2018(2) dt.13-12-2019 2/2 recommended.

The petitioner has not been able to satisfy this Court that post of Driver can be filled up on the basis of promotion. The letter dated 14.10.2003 does not recommend promotion of the petitioner to the post of Driver, rather there is a request made by the Civil Surgeon to upgrade the post, which the petitioner is holding, to the post of Driver.

No relief, which the petitioner is seeking in the writ application, can be granted in the absence of any Rule or a Government decision, which treats the post of Driver, a promotional post for a person holding the post of Health Worker.

This writ application is accordingly dismissed. It will, however, be open for the respondents to consider the petitioner's case for promotion in accordance with law.

(Chakradhari Sharan Singh, J) Pawan/- U