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Tripurari Prasad Singh vs The State Of Bihar & Ors on 2 August, 2011

Patna High Court – Orders
Tripurari Prasad Singh vs The State Of Bihar & Ors on 2 August, 2011
                    CIVIL WRIT JURISDICTION CASE No.1639 of 2007
                   Tripurari Prasad Singh son of late Nanhka Prasad Singh,
                   resident of Mohalla Mirchai Bari, P.S. Sahayak District
                   Katihar              .....                ....           .... Petitioner
                   1. The State Of Bihar
                   2. The District Magistrate, Katihar
                   3. The District Establishment Officer, Katihar

For the Petitioner :Mr. Vinay Ranjan, Advocate
For the State :M/s Tej Bahadur Singh, Sr. Advocate,AAG-7
& Ssyed Hussain Majeed, A.C. to AAG-7

02/ 02.08.2011 Heard learned counsel for the petitioner

and the State.

2. This writ petition has been filed against

the order bearing Memo No. 143/E dated 7.2.2004

passed by the Additional Collector, Katihar,

Annexure-3 whereunder promotion granted to the

petitioner and others on the need based post of Head

Clerk in the scale of Rs. 5000- 8000/- under order

bearing Memo No. 98/E dated 28.1.2004, Annexure-

2 has been cancelled with immediate effect even

without hearing the petitioner.

3. It is submitted on behalf of the petitioner

that the aforesaid order dated 28.1.2004, Annexure-2

was passed after the approval of the Establishment

Committee, but without making any reference to the

Establishment Committee the impugned order dated

7.2.2004, Annexure-3 has been issued by the

Additional Collector, Katihar only on the instruction

of the Collector, Katihar, perhaps for the reason that

one of the promotees under order dated 28.1.2004,

Annexure-2, Sri Janki Nandan Lal did not possess the

qualification for such promotion.

4. Highlighting the aforesaid aspect of the

matter, petitioner has represented before the District

Magistrate, Katihar under representation dated

4.8.2004, Annexure-4 series. Till date such

representation has not been disposed of as from the

counter affidavit filed on behalf of Respondent nos. 2

and 3 duly affirmed by the Executive Magistrate,

Katihar, it does not appear that the aforesaid

representation of the petitioner dated 4.8.2004,

Annexure-4 series has yet been disposed of.

5. In the circumstances, the writ petition is

disposed of directing the District Magistrate, Katihar

to consider and dispose of the representation of the

petitioner dated 4.8.2004, Annexure-4 series as early

as possible, in any case within two months from the

date of receipt/ production of a copy of this order

before the District Magistrate, Katihar. In the event it

is found by the District Magistrate, Katihar that the

need based posts in the scale of Rs. 5000- 8000/- is

available in the district of Katihar and petitioner is

eligible for such promotion, his case be considered

for such promotion within the aforesaid time.

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

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