IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4917 of 2010
1. SHATRUGHAN PRASAD SHARMA S/O LATE SIDHESHWAR SHARMA R/O VILL.-
SHRIVAR, P.O. GOPALPUR, P.S. NAUBATPUR, DISTT.- PATNA
Versus
1. THE STATE OF BIHAR THROUGH ITS COMMISSIONER WATER RESOURCES
DEPARTMENT, BIHAR, PATNA
2. THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT OFFICE AT
ANISHABAD, PATNA
3. THE DIRECTOR REVENUE ADMINISTRATION, IRRIGATION DEPARTMENT,
PATNA
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2/ 09/11/2010 Heard learned counsel for the petitioner and
learned counsel for the State.
The claim in this application by the petitioner
who joined as a Circle Officer/Ziladar in the Revenue
Establishment under Irrigation Department, Government
of Bihar and superannuated on 30.9.2000 is to be
considered for grant of 1st and 2nd A.C.P’s. It is submitted
that is a direct recruit to the post and is not required to
pass the departmental examination which is applicable
only to those promoted to the post of Ziladar from
subordinate posts.
Learned counsel for the respondents from the
counter affidavit is unable to deny the fact that the
petitioner was a direct recruit, as claimed. He, however,
relies upon the requirement for passing the departmental
examination in absence of which the petitioner cannot be
granted the benefit. This issue has been considered in
detail by this Court in its order dated 2.11.2010 in
-2-
C.W.J.C. No.4737/10 holding that direct recruit Circle
Officers/Ziladars were not required to pass the
departmental examination which was applicable only to
the promotees in that category.
This application is disposed in similar terms
with similar directions inclusive of the time limitations
mentioned in that order for consideration of the claim to
be computed afresh from the date that the petitioner
presents a copy of the order before the authorities.
The application stands disposed.
KC ( Navin Sinha, J.)