High Court Patna High Court - Orders

Lalan Pd.Singh vs The State Of Bihar & Ors on 25 August, 2011

Patna High Court – Orders
Lalan Pd.Singh vs The State Of Bihar & Ors on 25 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Civil Writ Jurisdiction Case No.2385 of 2007
                    Lalan Pd. Singh son of Late Chandradeep Singh resident of
                    At and P.O. Chourahi, P.S. Haspura, Dist. Aurangabad
                                                   ....          ....    Petitioner
                                               Versus
                    1. The State Of Bihar
                    2. The Commissioner-cum- Secretary, Department of
                       Water Resources, Government of Bihar, Patna
                    3. The Engineer-in-Chief (North) Water Resources
                       Department, Government of Bihar, Patna
                    4. The Under Secretary, Water Resources Department,
                       Bihar, Patna              ...              .... Respondents
                                  ----------------------------------

02/ 25.08.2011 Heard learned counsel for the

petitioner, Sri Anjani Kumar, AAG-10 for the

State, who has prayed for time to file counter

affidavit, but considering the fact that this writ

petition was filed on 22.2.2007 after serving a

copy thereof on the establishment of the

Advocate General, but during the period of over

four years, no counter affidavit has been filed, I

am not inclined to grant any further time for

filing the counter affidavit.

2. At the time of filing of this writ

petition, petitioner served on the post of Junior

Engineer (Mechanical) in the Water Resources

Department of the State Government. He has
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filed this writ petition praying, inter alia, to direct

the State respondents to grant the petitioner

seniority in the grade of Junior Engineer with

effect from 1.1.1971, the date on which he was

appointed as Overseer in the work charge

establishment of Tenughat Dam Circle No.1,

District Hazaribagh under office order bearing

Memo No. 169 dated 23.1.1971, Annexure-1. In

this connection, it is pointed out that services of

the petitioner was regularized on the post of

Junior Engineer Civil (Mechanical) in the

Irrigation and Electricity Department of the State

under office order bearing Memo No. 217 dated

24.1.1979,Annexure-3.

3. It is submitted on behalf of the

petitioner that once the services of the petitioner

and others was regularized on the post of Junior

Engineer (Mechanical), they are required to be

given seniority in the grade of Junior Engineer

with effect from the date of their appointment in

the work charge establishment. In this

connection, it is also pointed out that two of the
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junior colleagues of the petitioner, M/s Vijay

Kishore Prasad and Kedar Nath Singh have been

granted seniority in the grade of Junior Engineer

(Mechanical) with effect from 19.3.1971, the

date on which they were appointed in the work

charge establishment on the post of Junior

Engineer. Reference in this connection is made

to the order bearing Memo No.6742 dated

3.5.1975, Annexure-2 to this petition. During the

pendency of the writ petition, petitioner has

superannuated in October, 2009.

4. Having heard counsel for the

parties, in view of the facts noted above, I direct

the State-respondents to consider the case of the

petitioner for grant of seniority in the grade of

Junior Engineer (Mechanical) with effect from

1.1.1971, the date on which he was appointed as

Overseer in the work charge establishment of the

Tenughat Dam Circle No.1.

5. Necessary consideration in

compliance of my order be made by the

Engineer-in-Chief of the Water Resources
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Department as early as possible, in any case

within two months from the date of receipt/

production of a copy of this order before the

Engineer-in-Chief.

6. The writ petition is, accordingly,

disposed of.

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