Disposed

Chandrika Prasad Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Patna HC24 Apr 2013CWJC/8158/2013

Case brief

AI extract

What is this about?

Petitioner sought promotion to Deputy Chief post in Bihar State Food & Civil Supplies Corporation Ltd. Court granted liberty to file comprehensive representation directing authority to consider claim within six months.

What did the court decide?

Liberty granted to file representation; duty imposed on authority to decide claim within six months.

Chandrika Prasad Singh Vs The Bihar State Food… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8158 of 2013

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Chandrika Prasad Singh S/o late Luchi Singh, R/o Mangalam Colony, Baily Road, Saguna, P.S. Danapaur Cant, District- Patna

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.... .... Petitioner/s

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Versus

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1. The Bihar State Food & Civil Supplies Corporation , Sone Bhawan, Bir Chand Patel Path 5th Floor, Patna through its Managing Director.

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1. The Managing Director, Bihar State Food & Civil Supplies Corporation Ltd. Sone Bhawan, Bir Chand Patel Path 5th Floor, Patna

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The Chief of Administration, Bihar State Food & Civil Supply Corporation Ltd. Sone Bhawan, Bir Chand Patel Path 5th Floor, Patna

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The Chief of Finance, Bihar State Food & Civil Supply Corporation Ltd. Sone Bhawan, Bir Chand Patel Path 5th Floor, Patna

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. B.K. Dubey, Advocate For the Respondent/s : Mr. R.S. Pradhan, Sr. Advocate Mr. A.N. Rai, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 24-04-2013 Heard the parties.

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The petitioner has filed the present application under Article 226 of the Constitution of India seeking a direction to the respondents for consideration of his claim for grant of promotion on the post of Deputy Chief of Bihar State Food and Civil Supplies Corporation Ltd. ( in short Corporation) from admissible date and for other incidental reliefs admissible to him.

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Learned counsel for the petitioner submits that the petitioner is posted and working as Assistant Accounts Officer under the respondent-Corporation with effect from 20.8.1977, and though the petitioner is working on that particular post for the last

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Patna High Court CWJC No.8158 of 2013 (2) dt.24-04-2013

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36 years, yet his claim for promotion on higher post of Deputy Chief is not being considered and decided by the respondentManaging Director, although, according to him, the petitioner is legally entitled for such promotion, and even persons junior to him have been granted such promotion on the higher post. By referring to Annexure-8 it has been pointed that the petitioner has filed his representation before the respondent-Managing Director, yet till date neither his valid grievance has been redressed nor his representation has been disposed of.

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After having heard the parties and on consideration of the materials available on record, this Court is of the opinion that no useful purpose shall be served by keeping this matter pending any longer before this Court. However, interest of justice would be sub served if the petitioner is granted liberty to file a comprehensive representation with all supporting documents raising all the pleas, which have been raised in the present proceeding before the respondent-Managing Director of the Corporation. It is ordered accordingly.

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If such a comprehensive representation is filed on behalf of the petitioner with all supporting documents and a certified copy of the present order within a period of one month from today, then the respondent-Managing Director and/or any

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Patna High Court CWJC No.8158 of 2013 (2) dt.24-04-2013

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other competent authority shall be obliged to consider and decide his claim in accordance with law by a reasoned and speaking order.

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If, on consideration of the materials, the respondent no. 2 and/or any other competent authority come to a conclusion that the claims raised on behalf of the petitioner are admissible to him, then consequential order shall also be issued without any unnecessary delay.

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Entire exercise must be completed by the respondent no. 2 and/or any other competent authority within a maximum period of six months from the date of filing of the representation by the petitioner.

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This writ application stands disposed of with the observations and directions made above.

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RPS/-

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(Birendra Prasad Verma, J)

Chandrika Prasad Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Case brief

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Chandrika Prasad Singh v. The Bihar State Food and Civil Supplies Corporation Ltd. and Ors.

Case brief

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What did the court decide?

What the court decided

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