IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No. 496 of 2005
RAM SWARUP DUBEY, son of Late Loki Dubey, resident of
Mohalla Naga Bigha, Post Office-Aurangabad, Police Station -
Aurangabad Town, District - Aurangabad
................ Petitioner
Versus
1. THE STATE OF BIHAR through its Secretary, Department of
Agriculture, Government of Bihar, New Secretariat, Patna
2. The District Magistrate, Aurangabad
3. The Sub-divisional Officer, Agriculture (Extension) No. 1,
Aurangabad
4. The Accountant General, Bihar, Bir Chand Patel Marg, Patna - 1
................. Respondents
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04. 28.03.2011 Heard learned counsel for the petitioner and
the counsel appearing for the State.
Petitioner has filed this application for a
direction to the Respondents to give him promotion
to the post of Block Agriculture Officer with effect
from the date juniors to him have been allowed such
promotion and all consequential benefits for which
he would have been entitled on account of such
promotion.
Petitioner’s case is that he joined his service
in the year 1974 as Jan Sewak. He superannuated
on 31.08.1990 from the post of Sub-divisional
Officer, Agriculture (Extension No. 1), Aurangabad.
His grievance is that in the gradation list of Jan
Sewak almost everyone was promoted to the post of
Block Agriculture Officer, except the petitioner.
2
Persons, who were at serial no. 50 to 51 were given
promotion, vide letter no. 6577, dated 02.05.1989,
issued by the Director, Department of Agriculture,
Government of Bihar, Patna. Petitioner’s name was
at serial no. 53, but he was not given promotion
though four juniors to him, appointed subsequently,
were given promotion to the post of Block
Agriculture Officer and paid consequential benefits.
Petitioner has stated that during his service period
and subsequent to his superannuation he agitated
this matter continuously. He was given promotion in
super selection grade after his superannuation.
Considering his representation in the year 2000, the
Director, Administration had written a letter,
contained in Memo No. 3556, dated 27.07.2000 to
the District Magistrate, Aurangabad for sending all
connected service records of the petitioner, so that
his representation can be considered and necessary
orders can be passed. Despite this letter of Director,
Administration, dated 27.07.2000, nothing was done
and till date petitioner’s grievance has not been
redressed.
Considering the fact that petitioner has
retired in the year 1999 itself and the matter is very
3
old, this application is being disposed of giving
liberty to the petitioner to re-agitate his matter
before the Respondent Authorities by filing a
representation. In case any such representation is
filed by the petitioner before the Secretary,
Department of Agriculture, Government of Bihar,
Patna he will look into the matter and dispose it of
considering the service record of the petitioner. The
representation of the petitioner must be disposed of
within four months from the date of its filing before
the Secretary, Department of Agriculture,
Government of Bihar, Patna. In case the petitioner is
found entitled for the consequential benefits of
promotional post, it should be allowed to him. In
case the claim of the petitioner is not found to be
correct, the representation should be rejected by
reasoned order.
With the aforesaid observations, this Writ
Application is disposed of.
SKM (Mridula Mishra, J.)