In a writ petition challenging denial of promotion, the Patna High Court directed the Collector, Jamui, to examine the age-related dispute and pass an appropriate order within two weeks, holding the delay was unwarranted.
Directed Collector, Jamui to examine the matter and pass order within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10373 of 2012
====================================================== Shanti Mishra wife of Maheshwar Mishra, resident of Brahman Tola, PO & PS Sikandra, Distt. Jamui .... .... Petitioner Versus 1. The State Of Bihar through Collector, Jamui 2. The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna 3. The Director, ICDS Directorate, Social Welfare Department, Govt. of Bihar, Patna 4. The Collector, Jamui, District Jamui 5. The Deputy Development Commissioner cum Chief Executive Officer, Jamui 6. The District Education Superintendent, Jamui 7. The District Programme Officer, Jamui, District Jamui .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ram Jiban Pd. Singh For the Respondent/s : Mr. Pawan Kr. Mishra GP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA VERMA ORAL ORDER 2 18-07-2012 Petitioner has been denied promotion on account of some dispute with regard to the age of the petitioner. Promotion is to be made on the basis of seniority subject to the rejection of unfit candidates within 25% quota from amongst the eligible Anganwari Sevika to the post of Lady Supervisor. The dispute with regard to the date of birth does not come into picture as it relates to the age of superannuation. Thus promotion of the petitioner could not have been delayed on this ground. In these circumstances, the Collector, Jamui is directed to examine the matter and pass an appropriate order within two weeks from the date of receipt / production of a certified copy of this order.
Patna High Court CWJC No.10373 of 2012 (2) dt.18-07-2012
2
Writ petition is disposed of.
(Prakash Chandra Verma, J)
mrl
2 issues framed by the court
Whether the petitioner's denial of promotion due to age dispute can be remedied by directing examination of the matter.
Whether promotion delay based on age/superannuation date is a valid ground for withholding promotion.
Shanti Mishra
State Of Bihar
The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna
The Director, ICDS Directorate, Social Welfare Department, Govt. of Bihar, Patna
The Collector, Jamui, District Jamui
The Deputy Development Commissioner cum Chief Executive Officer, Jamui
Prakash Chandra Verma
As recorded by the court registry
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