IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No. 11163 of 2006
RAMSNEHI PRASAD SINGH, son of Late Thakur Jagdish
Prasad Singh, resident of Mohalla - Miscot Len No. 6,
Ramna, P.S.-Mithanpura, District- Muzaffarpur
...................... Petitioner
Versus
1. THE STATE OF BIHAR, through the Secretary,
Department of Industry, Government of Bihar, Patna
2. The Secretary, Industry Department, Government of
Bihar, Patna
3. The Director, Industry, Government of Bihar, Patna
....................... Respondents
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03. 28.03.2011 Heard learned counsel for the petitioner and
the counsel appearing for the State.
Prayer of the petitioner is for quashing of
part of the order of Director of Industry, contained in
Memo No. 564, dated 03.03.2003, whereby he has
been shown as absorbed on the post of
Correspondence Clerk in stead of the post of Project
Manager, though he was working on this post from
28.02.1994. Further prayer of the petitioner is for all
consequential benefits in case of absorption on the
post of Project Manager.
A detailed Counter Affidavit has been filed
on behalf of the State, wherein it has been stated
that the petitioner’s case was considered by the
Screening Committee and it was found that the
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promotion, which was given to the petitioner with
effect from 01.19.1996 to the post of Project
Manager was against the present procedure. The
Screening Committee thus recommended for
absorption of the petitioner to the post of
Correspondence Clerk on the District Industries
Centre. The Screening Committee has considered
the case of the petitioner as per the Bihar Industries
Service Cadre Rule, 1987. The relevant rule has
been quoted in para 14 of the Counter Affidavit.
Considering the statement made in the
Counter Affidavit, I find that the petitioner has no
case and payment has rightly been absorbed on the
post for which he has eligibility as per the Rule.
With the aforesaid observations, this
application is disposed of.
SKM (Mridula Mishra, J.)