IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2007 of 2007
Maheshwar Prasad Singh, son of Late Bahadur Singh
Resident of Village: Alipur, P.S. Bakhtiyarpur, District
Patna, presently posted as Helper (Class- IV employee) in
the office of Executive Engineer Central Division, Building
Construction Department, Patna, Near West of High Court,
Patna ..... ...... Petitioner
Versus
1. The State Of Bihar through Secretary, Building
Construction Department, Visheshwaraiya Bhawan,
New Secretariat, Patna
2. The Chief Engineer, Southwing, Building
Construction Department, Visheshwaraiya Bhawan,
New Secretariat, Patna
3. The Superintending Engineer, South Bihar Circle,
Building Construction Department, Punaichak, Patna
4. The Executive Engineer, Central Division, Building
Construction Department, Patna Near West of High
Court, Patna
5. The Registrar, Head Quarter, Building Construction
Department, Visheshwaraiya Bhawan, New
Secretariat, Patna
..... ...... Respondents
----------------------------------
02/ 11.08.2011 Heard learned counsel for the petitioner
and the State.
2. During the pendency of the writ petition,
petitioner superannuated while serving on the post of
Gardener in the office of the Executive Engineer,
Central Division, Building Construction Department,
Patna. Earlier he had filed the writ petition praying,
inter alia, to direct the State- respondents to consider
his case for promotion on Class III post, as one
2
Devendra Prasad Sinha, who is not included in the
Merit-cum- Seniority list, Annexure-2, was so
promoted.
3. It is submitted on behalf of the petitioner
that aforesaid Devendra Prasad Sinha was junior to
the petitioner in Class IV Grade. It is, however, not
stated in the writ petition that aforesaid Devendra
Prasad Sinha never passed the departmental
examination required for promotion on Class III post.
4. This writ petition is, accordingly,
disposed of directing the petitioner to represent
before the competent authority of the State
Government praying that his case should be
considered for grant of promotion on the grounds
stated in the writ petition. The representation filed in
compliance of this order be disposed of by the
competent authority of the State Government as early
as possible, in any case within two months from the
date of its receipt. In case petitioner is allowed
promotion, the same shall be given to him for the
period until he remained in service.
Arjun/ ( V. N. Sinha, J.)
3