Disposed

Paras Kumar v. Road Construction

Jharkhand HC9 Feb 2018WPC/6306/2017

Case brief

AI extract

What is this about?

In a writ petition, the petitioner challenged the transfer of his services and sought a suitable posting based on seniority. The petitioner's initial grievance regarding transfer was removed when services were repatriated. The court disposed of the petition by directing the Secretary, Road Construction Department, to assign a suitable post according to the petitioner's seniority in the Gradation l

What did the court decide?

Direction to the Secretary, Road Construction Department to give a suitable post to the petitioner according to his seniority in the Gradation list as expeditiously as possible, within two weeks.

Paras Kumar Vs Road Construction — Pension and Retirement Benefits | Jharkhand HC (2018)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P. (S) No. 6306 of 2017

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…

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Paras Kumar, Son of Late Ram Janam Singh residing at Narayan Niwas, Moh.-Morabadi, P.O. + P.S.-Morabadi, Distt.-Ranchi (Jharkhand).

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… … Petitioner -V e r s u s-

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1.The State of Jharkhand

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2.The Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O -Dhurwa, P.S.-Jagarnathpur, District-Ranchi (Jharkhand).

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3.The Joint Secretary, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O -Dhurwa, P.S.-Jagarnathpur, DistrictRanchi (Jharkhand).

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4.The Engineer-in-Chief, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O -Dhurwa, P.S.-Jagarnathpur, DistrictRanchi (Jharkhand).

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5.The Chief Engineer, Road Construction Department, Government of Jharkhand, Project Bhawan, P.O -Dhurwa, P.S.-Jagarnathpur, DistrictRanchi (Jharkhand). … Respondents

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CORAM: - HON’BLE MR. JUSTICE PRAMATH PATNAIK.

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For the Petitioner : - Mr. Krishna Murari, Advocate. For the Respondent-State: - Mr. Rahul Kamlesh, J.C. to S.C. II.

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…

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05/09.02.2018 Initially, the writ petition has been filed by the petitioner with a two fold prayers, (i) for quashing the Notification dated 17.10.2017 vide Annexure-10, whereby the services of the petitioner have been sent to the Urban and the Housing Department and (ii) for giving a suitable posting according to his seniority.

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During pendency of the writ application, by virtue of the Notification dated 29.12.2017, issued by the Urban Development & Housing Department, Government of Jharkhand vide Notification dated 17.10.2017, the services of the petitioner have been repatriated to the Parent Department, therefore, the grievance of the petitioner so far as the prayer no.1 of the writ application was not pressed.

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With regard to the prayer no. 2, learned counsel for the respondentState was directed to file a counter affidavit. Accordingly, the counter affidavit has been filed by the respondents. In para 13 of the the counter affidavit, it has been, inter alia, submitted that vide Notification dated 29.12.2017 of the Urban Development and Housing Department, services of the petitioner was returned back to the Road Construction Department and now the petitioner is in waiting for posting in the Road Construction Department. It has been further stated that process of posting of the

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petitioner is under consideration. In the counter affidavit, in para 21, it has further been submitted that in the light of the recommendation of the Departmental Promotion Committee, the gradation list of Class-1 Engineers of Road Construction Department cadre is published vide departmental notification no. 712, dated 02.02.2018.

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Mr. Krishna Murari, learned counsel for the petitioner has strenuously urged that in the Gradation list of the Class-1 Engineers of Road Construction Department, the position of the petitioner is at serial no. 4. Learned counsel for the petitioner further submits that, if suitable posting, strictly in accordance with the position as per the Gradation list of the Class-1 Engineers of Road Construction Department be given to the petitioner, the grievance of the petitioner would be redressed.

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Learned counsel for the Respondent-State, however, has no serious objection to that course of action.

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Having heard the learned counsel for the respective parties and on perusal of the records, the writ petition is disposed of with a direction to the Respondent No. 2, the Secretary, Road Construction Department, Government of Jharkhand, Ranchi to give a suitable post to the petitioner, according to his seniority as per the Gradation list of the Class-1 Engineers of Road Construction Department, as expeditiously as possible, preferably within a period of two weeks.

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With the aforesaid direction, this writ petition stands disposed of.

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(Pramath Patnaik, J.)

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APK

Paras Kumar v. Road Construction

Case brief

What is this about?

What did the court decide?

Paras Kumar v. Road Construction

Case brief

What is this about?

What did the court decide?

What the court decided

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