IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12218 of 2011
Krishnanand Singh
Versus
The State of Bihar & Ors
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02. 9.8.2011 Petitioner is supposed to be a head clerk working in
the Animal Husbandry Department at present posted at Ara. He
is going to superannuate on 31.1.2012. His claim is that he is the
senior most head clerk in Patna Division and in terms of a policy
decision of the State, he made a request and an application for
posting him in the home district before his retirement.
Respondents have entertained such prayer on behalf of many
other similarly situated employees which would be evident from
the notification issued by the department and has been annexed
as Annexure-3 to the writ application. So far as claim of the
petitioner is concerned, same is still pending with the Director
since 31.5.2010 as would be evident from perusal of Annexure-1
and 2 which are dated 31.5.2010 and 13.5.2011 respectively.
Inaction on the part of respondents obviously leads
to the litigation of the present kind. Their silence compelled the
petitioner to approach the High Court.
If there is a policy in place and if such applications
in similar circumstances have been entertained by the
respondents, the Court fails to understand as to why a decision
on the application of the petitioner is not being taken.
Since there is no adjudication of law as such
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required in the present application, matter is being remitted
back to the Director, Animal Husbandry (Respondent no.3) to
take a decision on the issue within a period of four weeks from
the date of production of a copy of this order. Failure to adhere
to the direction will have consequence for the Director.
Writ stands disposed of with above direction.
rkp ( Ajay Kumar Tripathi, J.)