In this writ petition challenging delay in promotion, the High Court directed the respondents to publish the final gradation list within two months.
Direct respondents to publish final gradation list within two months from receipt of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18506 of 2010
====================================================== Sunil Kumar, S/O Late Ram Chandra Prasad, R/O Government Polytechnic, Quarter No.-4, P.S.- Alamganj, Gulzarbagh, Patna-7 .... .... Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Science & Technology Department, Technology Bhawan, Patna. 2. The Director, Science & Technology Department, Government of Bihar, Technology Bhawan, Patna. 3. The Principal, Government Polytechnic, Gulzarbagh, Patna-7 .... .... Respondents. ====================================================== Appearance : For the Petitioner/s : Mr. Lakmesh Marvind, Adv. For the Respondent/s : Mr. Bibhakar Tiwary, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 23-10-2013 Heard learned counsel for the petitioner and the State. The petitioner prays for directing the respondents to promote him on the post of Head Clerk-cum-Accountant with effect from the date of passing of both papers of Accounts examination in 1998 or from the date of vacancy of the post of Head Clerk.
The petitioner was appointed on the post of Clerk on 08.06.1989 in Government Polytechnic, Dumka. The Principal Secretary, Science & Technology Department has issued a letter stating that the promotion to the post would become effective from the date of the vacancy, in case the candidates are so entitled to.
T he respondent in paragraph 5 of the supplementary
Patna High Court CWJC No.18506 of 2010 (4) dt.23-10-2013
2 / 2
counter affidavit stated that in light of Resolution No.1001 dated 24.04.2012, separate provisional gradation lists for clerks of Engineering College and Polytechnic institutions have been prepared and objections have been invited .
Counsel for the State submits that name of the petitioner has figured in the provisional gradation list and the final gradation list will be published shortly.
Having regard to the facts and circumstances of the case, I direct the respondents to publish final gradation list within a period of two months from the date of receipt of a copy of this order, as per the roster clearance. In case, the petitioner is aggrieved in any manner, it will be open for him to take resort to remedy available under the law.
With the aforesaid direction, this application is
disposed of.
(Samarendra Pratap Singh, J)
Uday/-
1 issue framed by the court
Whether the respondents are directed to publish the final gradation list for promotion.
1 provisions across 1 enactments
Sunil Kumar
The State of Bihar
The Director, Science & Technology Department
The Principal, Government Polytechnic
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
