Disposed¶27

Madhav Kant Thakur v. The State Of Bihar and Ors.

Patna HC7 Feb 2025CWJC/3085/2017

Case brief

AI extract

What is this about?

ACP / Assured Career Progression claim; entire service without promotion (30.08.1971 appointment to 31.07.2012 superannuation); Account Clerk, Executive Engineer, Irrigation Division, Banmankhi, Purnia; Water Resources Department, Government of Bihar; pending representation Annexure-2; State admission of no averment on decision; disposal of writ petition with mandamus-style direction for reasoned and speaking order within 90 days; Patna High Court, single judge (Dr. Anshuman), 07-02-2025.

What did the court decide?

Direction to Respondent No. 5 (Chief Engineer Irrigation, Creation, Water Resources Department, Saharsa) to pass a reasoned and speaking order on the petitioner's representation (Annexure-2) within 90 days from the date of production of the order. ¶27

Madhav Kant Thakur Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3085 of 2017

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Madhav Kant Thakur S/o Late Shri Nandan Thakur, R/o Village Laskari, P.O. Laskari, P.S. Udakishunganj, District-Madhepura

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... ... Petitioner/s

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Versus

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The State Of Bihar through Principal Secretary, Finance Department, Govt. of Bihar, Patna.

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The Principal Secretary, Finance Department, Govt. BIhar, Patna.

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The Principal Secretary, Water Resources Department, Govt. Bihar, Patna

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The Engineer-in-Chief-cum-Additional Secretary-cum-Special Secretary, Water Resources Department, Govt. of Bihar, Patna

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The Chief Engineer Irrigation, Creation, Water Resources Department, Saharsa

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The District Magistrate, Purnia, District-Purnia

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The Superintedent Engineer, Canal Circle, District Purnia,

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The Executive Engineer, Irrigation Division, Banmankhi, District, Purnia.

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The District Account Officer, Purnia District-Purnia.

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The Treasury Officer, Purnia, District-Purnia.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Sharda Nand Mishra, Adv. For the Respondent/s : Mr. Vikash Kumar- SC-11 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 07-02-2025 Heard Learned Counsel for the petitioner and

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Learned Counsel for the State.

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Learned Counsel for the petitioner submits that the petitioner was appointed on the post of Sub-ordinate Divisional Cashier- cum- Correspondent Clerk on 30.08.1971. However, the petitioner has not been granted any promotion since the date of his appointment, i.e., 30.08.1971. Counsel further submits that the petitioner superannuated from service on 31.07.2012

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Patna High Court CWJC No.3085 of 2017(4) dt.07-02-2025 2/2

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from the post of Account Clerk in the office of the Executive Engineer, irrigation Division, Banmakhi, District- Purnia. Counsel also submits that the petitioner filed an application/representation, annexed as Annexure- 2, for the grant of ACP, but no order has been passed on his representation till date.

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Learned Counsel for the State submits that the service of the petitioner has to be guided according to the circular which has been annexed in the counter-affidavit. However, he admits that, based on the pleadings, there is no averment that whether any decision has been made on Annexure– 2 at the relevant level or not.

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In this background, the writ petition is disposed off with a direction to the Chief Engineer Irrigation, Creation, Water Resources Department, Saharsa (Respondent No. 5), to pass a reasoned and speaking order on the petitioner’s representation, annexed as Annexure- 2, within 90 days from the date of production of this order.

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(Dr. Anshuman, J.)

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Aman Kumar/-

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Madhav Kant Thakur v. The State Of Bihar and Ors.

Case brief

What is this about?

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Madhav Kant Thakur v. The State Of Bihar and Ors.

Case brief

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What did the court decide?

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