IN THE HIGH COURT OF JUDICATURE AT PATNA
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
Versus
1. The State Of Bihar
2. The District Magistrate, Katihar
3. The District Establishment Officer, Katihar
..Respondents
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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
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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
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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.)