Shahsi Chandra Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.293 of 2019 ====================================================== 1.

Shahsi Chandra Kumar Son of late Arvind Kumar resident of New Bengali Tola, Mithapur Bus Stand, P.O. - Mithapur, District - Patna. 2.

Kumari Neetu Singh Daughter of late Shiv Narayan Singh, Wife of Sri Umesh Kumar resident of Mari Chowk, R. N. College, Ward No. - 26, P.O. - Hajipur, District - Vaishali.

3.

Subodh Kumar Son of late Pradyuman Singh resident of VilI. - Amarsingh Bigha, P.O. - Panda Bigha, District - Gaya.

4.

Amarendra Pratap Son of late Ashok Kumar Karna resident of 6 Bihar Battalion, NCC, P.O. District - Gaya.

5.

Raj Narayan son of late Vishnu Yadav resident of Near MBA Hostel , P.O. P.S.- Rampur District - Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Director, Directorate of Student, Youth and Welfare, Department of Art, Culture and Youth, Government of Bihar, Patna 3.

The Deputy Director, Youth Welfare, Department of Art, Culture and Youth, Government of Bihar, Patna 4.

The Union of India through the Director General, National Cadet Corps, Ministry of Defence, West Block, 4 R. K. Puram, New Delhi 5.

The Colonel -cum- Joint Director State, National Cadet Corps, Bihar and Jharkhand, CDA Building Rajendra Path, Patna 6.

The Additional Director General, National Cadet Corps, Bihar and Jharkhand, CDA Building Rajendra Path, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Chaudhary Mr.Bhola Kumar For the Respondent/s :

Mr.Sarvesh Kumar Singh -AAG13 Mr. Shakib Ayaz, AC to AAG 13 For U.O.I Mr. S. D. Sanjay, Addl. S. G. Mr. Kumar Priya Ranjan, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-07-2019 Heard counsel for the petitioners and counsel for the respondents-State as well as Union of India.

Petitioners have filed writ petition for a direction to

Patna High Court CWJC No.293 of 2019(3) dt.11-07-2019 2/3 the respondents-authorities to promote the petitioners from Lower Division Clerk to the post of Upper Division Clerk. It appears that petitioners are working as Lower Division Clerk in the office of the Director General, National Cadet Corps, Bihar and Jharkhand posted at various places. Respondent-authorities have filed a counter affidavit, annexing communication dated 08.07.2019 issued by the Director, Directorate of Student, Youth & Welfare Department of Art, Culture and Youth, Government of Bihar. The said communication is addressed to the Director, Student and Youth Welfare and same authority called for meeting in respect of promotion claimed by petitioners, which is to be held on 12.07.2019 in the office of the Director. Letter has been issued taking notice of seriousness of the issue.

Since claim of the petitioners is now being considered as it appears from communication of the Director and averments made in the counter affidavit which indicate that steps are being taken to resolve the issue, pendency of writ proceedings would be futile.

Writ petition is therefore, disposed of with observations that seriousness in the communication dated 08.07.2019 should be observed by the Committee and decision

Patna High Court CWJC No.293 of 2019(3) dt.11-07-2019 3/3 taken expeditiously, without any undue delay and preferably, within three months from the date of receipt/production of a copy of this order.

Writ petition stands disposed of.

(Madhuresh Prasad, J) s.hassan/- U