IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4770 of 2007
SHOHAM PRASAD SHRIVASTAWA, SON OF LATE BIPIN
BIHARI PRASAD, RESDIENT OF MOHALLA DAHIYANWA
TOLA, P.O. TANRI VIA CHAPRA(HEAD P.O.), P.S. CHAPRA
TOWN, DISTRICT CHAPRA, AT PRESENT WORKING AS
CIRCLE INSPECTOR, EKMA, CHAPRA.
Versus
1. THE STATE OF BIHAR
2. THE COMMISSIONER CUM SECRETARY, REVENUE
AND LAND REFORMS DEPARTMENT, BIHAR,
PATNA.
3. THE UNDER SECRETARY, REVENUE AND LAND
REFORMS DEPARTMENT, BIHAR, PATNA.
4. THE COMMISSIONER, SARAN DIVISION, CHAPRA.
5. THE COLLECTOR, CHAPRA.
6. THE ADDITIONAL COLLECTOR, ESTABLISHMENT,
CHAPRA.
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02. 15.10.2011 Heard learned counsel for the petitioner
and the State.
2. At the time of filing of the writ petition
petitioner was serving as Circle Inspector cum
Kanungo. He has filed this writ petition praying inter
alia to direct the State respondents to consider his
case for grant of promotion on the post of Assistant
Settlement Officer as some Circle Inspector cum
Kanungo junior to him have been so promoted under
notification of the Government bearing Memo
No.1135 dated 9.10.2000, Annexure-1 to the writ
petition.
3. It is submitted on behalf of the petitioner
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that at the time when his juniors were promoted as
Assistant Settlement Officer under notification dated
9.10.2010, his case for grant of promotion was not
considered as confidential reports were not received
from his controlling officer, which was received just
before filing of the writ petition in the year 2006.
4. This writ petition was filed on
12.04.2007 after serving two copies thereof on the
office of the Advocate General and has remained
pending for more than four years. Till date, however,
no counter affidavit has been filed. In the
circumstances, I have no option but to direct the State
respondents to consider the case of the petitioner for
grant of promotion on the post of Assistant
Settlement Officer in accordance with law in the light
of the fact that his junior colleagues have already
been so promoted under notification dated 9.10.2010
Annexure-1 within two months from the date of
receipt of a copy of this order. It is made clear that if
petitioner is allowed promotion as Assistant
Settlement Officer, the same should be granted with
effect from the due date i.e. the date from which his
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juniors have been so promoted. It goes without saying
that once petitioner is allowed the promotion on the
post of Assistant Settlement Officer, he should also
be paid arrears of difference of salary of the Circle
Inspector and Assistant Settlement Officer as early as
possible, in any case within two months from the date
of promotion.
5. The writ application is, accordingly,
disposed of.
( V. N. Sinha, J.)
Rajesh/
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