This court disposed of a writ petition filed by a government employee seeking promotion under the career advancement scheme. The court directed the State to consider the case within six months.
Respondents directed to take a decision on the petitioner's promotion case preferably within six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5936 of 2020
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Ved Prakash Saha Son of Late Niwas Sah Resident of Mohalla-Near Kali Asthan, Naay Tola, Bhikhapur Gumti No.-1, P.S.-Jagdishpur, Bhagalpur, Bihar,
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Navjot Yeshu For the Respondent/s : Mr.P. N. Shahi ( Aag6 )
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner has sought direction to the
respondents to consider the case of the petitioner for his promotion to higher pay scale in selection grade under career advancement scheme in the pay scale of Rs. 12000-18300 w.e.f 01.01.2001 as several similarly situated persons have
Patna High Court CWJC No.5936 of 2020(2) dt.29-01-2022 2/3
been promoted to the aforesaid revised upgraded pay scale.
It has been submitted on behalf of the petitioner that his services were regularized in the year 1987 and a Bench of this Court in C.W.J.C. No. 14407 of 2003, directed for payment of first time bound promotion to the petitioner and others. However, the aforesaid decision was set aside in appeal in the year 2010 with a direction to the State to consider the case of the petitioner under the newly formulated scheme in that regard.
Till date, the promotion has not been given to him. However, from paragraph -8 of the counter affidavit, it appears that the respondents are considering the case of the petitioner as it has been stated that in the next Departmental Promotion Committee meeting, the case of the petitioner shall be considered and if his case is found to be fit by the Committee, then in that case, he shall be given the benefit of selection grade promotion under the C.S.S. scheme in the upgraded pay scale in accordance with the provision of law.
In view of such statement having been made in the
Patna High Court CWJC No.5936 of 2020(2) dt.29-01-2022 3/3
counter affidavit, the petitioner does not press this petition any further and submits that in case proper consideration is not made within a reasonable period of time, he shall again
approach this Court.
The respondents are directed to take a decision in
that regard preferably within a period of six months.
With the aforesaid direction / observation, the writ
petition stands disposed of.
(Ashutosh Kumar, J)
sunilkumar/-
U
3 issues framed by the court
Whether the State is directed to consider the petitioner's case for promotion under the career advancement scheme within a reasonable time.
Whether the petitioner's petition should be disposed of subject to a specific direction for consideration.
Whether the petitioner's claim for promotion in selection grade under career advancement scheme is tenable.
Colour shows how this judgement treated each authority
C.W.J.C. No. 14407 of 2003Referred¶25
Ved Prakash Saha
The State of Bihar through the Principal Secretary, Department of Science and Technology
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
