IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.2000 of 2010
In
Civil Writ Jurisdiction Case No. 8661 of 2005
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1. Ram Awatar Sharma S/O Late Laxuman Sharma R/O Mohalla- West
Panch Mandir, Bhagwan Bazar, P.S. & Distt.- Chapra
…. …. Appellant/s
Versus
1. The State Of Bihar
2. The Secretary Cum Commissioner Water Resources Department, Govt.
Of Bihar, Sichai Bhawan, Patna
3. The Under Secretary Water Resources Department, Government Of
Bihar, Patna
4. The Deputy Secretary Water Resources Department, Government Of
Bihar, Patna
5. The Secretary Cum Commissioner Department Of Finance, Government
Of Bihar, Patna
6. The Deputy Secretary Finance (Personnal Claim And Fixation Cell)
Department, Government Of Bihar, Patna
7. The Executive Engineer, Tubewell, Chapara Division, Chapra
8. The Accountant General, Bihar, Bir Chand Patel Marg, Patna
…. …. Respondent/s
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Appearance :
For the Appellant/s : Mr Rajendra Kishore Prasad, Advocate
Mr. Vishwanath Prasad, Advocate
For the Respondent/s : Mr. Sanjay Prakash Verma, AC to GA 3
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2 11-11-2011 Heard learned counsel for the appellant and learned
counsel for the State.
The right of the appellant relating to entitlement for
increments after grant of retrospective promotion to the post of
Assistant Engineer is admittedly governed by the judgment of this
Court dated 10th March, 1999 passed in CWJC No.5209/97
(Najmul Hassan & ors. V. the State of Bihar & ors.). That
judgment contained in Annexure-3 has been fully considered by
Patna High Court LPA No.2000 of 2010 (2) dt.11-11-2011
2
the departmental authorities while passing the reasoned order
dated 27.10.2004 contained in Annexure-5 to the memo of appeal.
In our view, the Writ Court had no option but to dismiss the writ
petition because the authorities have acted as per the judgment of
this Court in the case of Najmul Hassan & ors. (supra).
The appeal, therefore, fails and is dismissed accordingly.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
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