High Court Patna High Court - Orders

Shoham Prasad Shrivastava vs The State Of Bihar & Ors on 15 October, 2011

Patna High Court – Orders
Shoham Prasad Shrivastava vs The State Of Bihar & Ors on 15 October, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.4770 of 2007
                     SHOHAM PRASAD SHRIVASTAWA, SON OF LATE BIPIN
                     BIHARI PRASAD, RESDIENT OF MOHALLA DAHIYANWA
                     TOLA, P.O. TANRI VIA CHAPRA(HEAD P.O.), P.S. CHAPRA
                     TOWN, DISTRICT CHAPRA, AT PRESENT WORKING AS
                     CIRCLE INSPECTOR, EKMA, CHAPRA.
                                                Versus
                     1. THE STATE OF BIHAR
                     2. THE COMMISSIONER CUM SECRETARY, REVENUE
                        AND LAND REFORMS DEPARTMENT, BIHAR,
                        PATNA.
                     3. THE UNDER SECRETARY, REVENUE AND LAND
                        REFORMS DEPARTMENT, BIHAR, PATNA.
                     4. THE COMMISSIONER, SARAN DIVISION, CHAPRA.
                     5. THE COLLECTOR, CHAPRA.
                     6. THE ADDITIONAL COLLECTOR, ESTABLISHMENT,
                        CHAPRA.
                                        ---------------------

02. 15.10.2011 Heard learned counsel for the petitioner

and the State.

2. At the time of filing of the writ petition

petitioner was serving as Circle Inspector cum

Kanungo. He has filed this writ petition praying inter

alia to direct the State respondents to consider his

case for grant of promotion on the post of Assistant

Settlement Officer as some Circle Inspector cum

Kanungo junior to him have been so promoted under

notification of the Government bearing Memo

No.1135 dated 9.10.2000, Annexure-1 to the writ

petition.

3. It is submitted on behalf of the petitioner
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that at the time when his juniors were promoted as

Assistant Settlement Officer under notification dated

9.10.2010, his case for grant of promotion was not

considered as confidential reports were not received

from his controlling officer, which was received just

before filing of the writ petition in the year 2006.

4. This writ petition was filed on

12.04.2007 after serving two copies thereof on the

office of the Advocate General and has remained

pending for more than four years. Till date, however,

no counter affidavit has been filed. In the

circumstances, I have no option but to direct the State

respondents to consider the case of the petitioner for

grant of promotion on the post of Assistant

Settlement Officer in accordance with law in the light

of the fact that his junior colleagues have already

been so promoted under notification dated 9.10.2010

Annexure-1 within two months from the date of

receipt of a copy of this order. It is made clear that if

petitioner is allowed promotion as Assistant

Settlement Officer, the same should be granted with

effect from the due date i.e. the date from which his

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juniors have been so promoted. It goes without saying

that once petitioner is allowed the promotion on the

post of Assistant Settlement Officer, he should also

be paid arrears of difference of salary of the Circle

Inspector and Assistant Settlement Officer as early as

possible, in any case within two months from the date

of promotion.

5. The writ application is, accordingly,

disposed of.

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

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