High Court Patna High Court - Orders

Anil Kumar Sinha vs The State Of Bihar &Amp; Anr on 3 February, 2011

Patna High Court – Orders
Anil Kumar Sinha vs The State Of Bihar &Amp; Anr on 3 February, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.9611 of 2004
                               ANIL KUMAR SINHA .
                                        Versus
                           THE STATE OF BIHAR & ANR .
                                      -----------

5 03.02.2011 Petitioner has filed I.A. No. 92 of 2011 for

amending the prayer in the main writ application

since during the pendency of the writ application

some development has taken place. Prayer of the

petitioner in the main writ application was for

granting promotion to the post of Head Clerk with

effect from 1.2.1977. During the pendency of the

writ application on 15.7.2006 the Departmental

Promotion Committee recommended for promotion

of petitioner to the post of Head Clerk with effect

from 1.2.1977 but the same was not given to the

petitioner since, his service book was not verified by

the respondent-State.

Petitioner has filed a rejoinder to the

counter affidavit along with which he has brought a

part of the service book on record, in order to show

that his service book has already been verified by

the competent authority, as such the plea taken for

not giving promotion to the petitioner to the post of

Head Clerk with effect from 1.2.1977 is an error of

record.

2

Counsel for the petitioner submits that till

date, despite recommendation of the Departmental

Promotion Committee, he has not been given

promotion and its consequential benefits. Petitioner

has already retired on 31.7.2010.

Counsel appearing for the Department of

Mines and Zoology, Government of Bihar, Patna

prays for sometime to seek instruction and file

supplementary counter affidavit as to whether the

recommendation of the Departmental Promotion

Committee has been implemented or not by the

Respondent-State.

( Mridula Mishra, J.)
Akumar