High Court Patna High Court - Orders

Akhilesh Kumar Chaudhary vs The State Of Bihar & Ors on 8 August, 2011

Patna High Court – Orders
Akhilesh Kumar Chaudhary vs The State Of Bihar & Ors on 8 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Civil Writ Jurisdiction Case No.1727 of 2007
                    Akhilesh Kumar Chaudhary, son of Kamal Narayan
                    Chaudhary, resident of village: Kansi, P.S. : Simari,
                    District: Darbhanga, at present posted as Constable at
                    Samastipur Police Line              ....          ...      Petitioner
                                                Versus
                    1. The State Of Bihar through the Secretary, Home Police
                        Department, Govt. of Bihar, Old Secretariat, Patna
                    2. The Director-cum- Inspector General of Police,
                        Government of Bihar, Old Secretariat, Patna
                    3. The Additional Director General of Police (Personnel),
                        Government of Bihar, Old Secretariat, Patna
                    4. The Deputy Inspector General of Police, Darbhanga
                        Range, Darbhanga
                    5. The Superintendent of Police, Madhubani
                    6. The Superintendent of Police, Samastipur
                                           ....            .....          Respondents
                                   ----------------------------------

For the Petitioner :M/s Keshav Srivastava, Sr. Advocate &
Dharmesh Kumar Srivastava, Advocate
For the State :M/s Manoj Priyadarshi, S.C.-17 &
Tej Pratap Singh, A.C. to S.C.-17

03/ 08.08.2011 Heard learned counsel for the petitioner

and the State.

2. Petitioner is aggrieved by the order

bearing Memo No. 943 dated 15.12.2003, Annexure-

16 whereunder his request to grant him seniority with

effect from 13.2.1983 has been rejected observing

that petitioner having been appointed as Constable

under District Order No. 2046/97 bearing Memo No.

5173 dated 22.9.1997, Annexure-11 cannot claim

seniority with effect from 13.2.1983. Such
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observation/ finding is made in paragraph 3 of the

impugned order dated 15.12.2003, Annexure-16.

3. It is submitted on behalf of the petitioner

that petitioner appeared in the selection test for

appointment on the post of Constable during the

period between 5.1.1982- 10.1.1982 along with

others and had become successful in the test but was

not appointed, although others were appointed under

appointment letter dated 13.2.1983. Raising the

aforesaid grievance, petitioner requested the

Respondents- authorities to consider his case for

appointment as Constable but such request was

rejected under letter dated 6.11.1995. Challenging the

aforesaid letter dated 6.11.1995, petitioner filed

C.W.J.C. No. 4586 of 1996, which was disposed of

under orders dated 21.5.1997, Annexure-9 setting

aside the order contained in letter dated 6.11.1995

directing the Superintendent of Police, Madhubani to

provide the petitioner with the appointment letter

within a period of one month from the date of receipt/

production of a copy of the order dated 21.5.1997,

Annexure-9. In compliance of the order of the High
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Court, appointment order vide District Order No.

2046/97 bearing Memo No. 5173 dated 22.9.1997,

Annexure-11 was issued. It is submitted on behalf of

the petitioner, with reference to the appointment

order dated 22.9.1997, Annexure-11 that for the

administrative delay caused in giving the petitioner

appointment in the light of the result of the selection

test held between 5.1.1982 – 10.1.1982, petitioner

cannot be deprived of the seniority for the aforesaid

period, as those who appeared in the selection test

between 5.1.1982 – 10.1.1982 have been given

seniority with effect from 13.2.1983. Petitioner was

also appointed under appointment order dated

22.9.1997, Annexure-11 on the basis of his

performance in the same selection test which was

held between 5.1.1982 – 10.1.1982, as such, he

should also be given same seniority which was given

to others with effect from 13.2.1983.

4. I see substance in the submission of the

counsel for the petitioner and, accordingly, set aside

the impugned order dated 15.12.2003, Annexure-16

which was served on the petitioner on 25.4.2004
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during the pendency of M.J.C. No. 2696 of 2003,

which was disposed of on 28.3.2006 granting liberty

to the petitioner to challenge the aforesaid order,

whereafter the present writ petition was filed on

9.2.2007.

5. In the result, the impugned order dated

15.12.2003, Annexure-16 is set aside and the writ

petition is allowed. Petitioner be granted seniority

with effect from 13.2.1983, the date from which his

other colleagues who appeared in the selection test

between 5.1.1982 – 10.1.1982 have been allowed.

Arjun/                                    ( V. N. Sinha, J.)