Disposed

Ravindra Chaudhary and Anr. v. The State Of Bihar and Ors.

Patna HC18 Feb 2019CWJC/11708/2014

Case brief

AI extract

What is this about?

In a writ petition regarding denial of promotion from Group D to Group C based on computer proficiency certificate criteria, the Patna High Court disposed of the matter and directed the Social Welfare Department to issue necessary guidelines within three months.

What did the court decide?

Direction to respondents to issue guidelines/directions regarding promotion criteria for Group D to Group C within three months.

Ravindra Chaudhary and Anr. Vs The State Of… — Pension and Retirement Benefits | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.11708 of 2014

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Ravindra Chaudhary S/o Sri Narayan Chaudhary R/o Vill.- Sisauni, P.S. Nawkothi, in the district of Begusarai

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Ranjeet Kumar S/O late Ramakant Jha, R/O vill. Bara, P.S. Khodawantpur in the district of Begusarai

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... ... Petitioners

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Versus

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The State Of Bihar through its Chief Secretary, Government of Bihar, Patna

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The Principal Secretary, Social Welfare Department, Government of Bihar, Patna

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The Director I.C.D.S. Bihar, Patna

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The Principal Secretary, Personnel and Administrative Reform Department, Govt. of Bihar, Patna

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The Secretary, Finance Department, Govt. of Bihar, Patna

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... ... Respondents

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Appearance : For the Petitioners : Mr. Sanjeev Kumar, Advocate For the Respondents : Mr. Sanjay Kumar, AC to GP 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

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3 18-02-2019

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Heard learned counsel for the petitioners as well as

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learned counsel for the State.

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Learned counsel for the petitioners submits that petitioners’ promotion from Group D to Group C is being denied by assigning reason that their certificate of computer proficiency has not been obtained from the institution accredited by prescribed institution under the Bihar Integrated Child Development Clerical Cadre (Appointment and Service Conditions) Rules, 2014. Drawing attention of the Court towards the communication dated 29.11.2018

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Patna High Court CWJC No.11708 of 2014(3) dt.18-02-2019 2/3

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issued by the Director, ICDS, Bihar to the District Programme Officer, Patna he submits that the issue is required to be decided by the District Programme Officer, Patna having regard to the rule position after obtaining necessary guidelines/directions from the Competent Authority, who would be the Social Welfare Department, Government of Bihar, Patna (respondent no.2).

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Since final decision is to be taken upon guidelines issued by respondent no.2 as per Annexure 13 of the supplementary affidavit filed on behalf of the petitioners, it is prayed that a direction may be issued to respondent no.2 to issue necessary guidelines/directions to facilitate the decision in respect of petitioners’ promotion.

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In view of the limited prayer made on behalf of the petitioners and since the decision has already been taken by respondent no.3 in light of the provisions contained in 2014 Rules, no useful purpose would be served by keeping the writ petition pending. Matter is thereof disposed of with a direction to respondent no.2 to issue guidelines/directions as a consequence of the communication dated 29.11.2018 issued by the Director, ICDS, Bihar expeditiously and preferably within three months from the date of

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Patna High Court CWJC No.11708 of 2014(3) dt.18-02-2019 3/3

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receipt/production of a copy of this order by respondent no.2. Petitioner’s claim would abide by such

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direction/guidelines issued by the department.

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Writ petition stands disposed of.

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(Madhuresh Prasad, J)

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Shashi