Patna High Court
Balmiki Sharma vs The State Of Bihar And Ors on 25 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6166 of 2007
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MANTI DEVI and ORS
... ... Petitioner/s
Versus
THE STATE OF BIHAR and ORS
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6192 of 2007
======================================================
BALMIKI SHARMA
... ... Petitioner/s
Versus
THE STATE OF BIHAR and ORS
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6315 of 2007
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SUNAINA KUMARI and ORS
... ... Petitioner/s
Versus
THE STATE OF BIHAR and ORS
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 6166 of 2007)
For the Petitioner/s : Mr. Binod Kumar Sri., Advocate
For the Respondent/s : Mr. Satya Vrat (AC to GP 10)
(In Civil Writ Jurisdiction Case No. 6192 of 2007)
For the Petitioner/s : Mr. Ram Suresh Roy, Sr. Advocate
For the Respondent/s : Mr. Prabhat Kumar, AC to GA 11
(In Civil Writ Jurisdiction Case No. 6315 of 2007)
For the Petitioner/s : Mr.Shyamdeo Pd.Singh
For the Respondent/s : Mr..Gp20
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 25-11-2021
Heard learned counsel for the parties.
Patna High Court CWJC No.6166 of 2007 dt.25-11-2021
In the instant petition, petitioner has prayed for
following relief/relies:
"(a) Issuance of writ of Mandamus or any other
appropriate writ, order or orders direction or directing the
respondents to give the 2nd and 3rd time bound promotion on
due dated i.e. 1.4.1991 and 1.4.2001 respectively as per
circular after 10 years each which is laid down as rules.
(b) Issuance of an appropriate writ, order or direction,
directing the respondents to give such other relief or reliefs
to which this petitioner is deemed to be entitled too."
Matter is of the year 2007. The respondent counsel has
not given instruction as to whether petitioner's grievance has been
redressed as on today or not. Therefore, second respondent is
hereby directed to consider the grievance of the petitioner in
respect of second and third time bound promotion which is stated
to be due as on 01.04.1991 and 01.04.2001. If the petitioner fulfill
otherwise requisite eligibility criteria for granting second and third
time bound promotion as on 01.04.1991 and 01.04.2001, the same
shall be considered and extended all monetary benefits while
calculating dues of pay along with interest @ 6 % p.a from the
date of presentation of this petition till payment is made. In the
event of petitioner do not fulfill the requisite criteria for extending
second and third time bound advancement as on 01.04.1991 and
01.04.2001 necessary speaking order shall be passed by the second
respondent as to which of the criteria petitioner could not satisfy
Patna High Court CWJC No.6166 of 2007 dt.25-11-2021
the authorities in respect of extending second and third time bound
promotion as on 01.04.1991 and 01.04.2001.
The above exercise shall be completed within a period
of two months from the date of receipt of this order failing which
the second respondent is liable to pay litigation cost and it is
quantified @ Rs. 10,000/-. The cost shall be paid to the petitioner.
C.W.J.C. No. 6192 of 2007
In the instant petition, petitioner has prayed for
following relief/relies:
"(a) Issuance of an appropriate writ, order, direction,
directing the respondents to give 2nd and 3rd time bound
promotion as well as to pay at least statutory interest to this
petitioner.
(b) Issuance of an appropriate writ, order or direction,
directing the respondents to give such other relief or reliefs
to which this petitioner is deemed to be entitled too."
Matter is of the year 2007. The respondent counsel has
not given instruction as to whether petitioner's grievance has been
redressed as on today or not. Therefore, second respondent is
hereby directed to consider the grievance of the petitioner in
respect of second and third time bound promotion which is stated
to due as in the year 1991 and April, 2001. If the petitioner fulfill
otherwise requisite eligibility criteria for granting second and third
time bound promotion as on 1991 and April, 2001 the same shall
be considered and extended all monetary benefits while calculating
Patna High Court CWJC No.6166 of 2007 dt.25-11-2021
dues of pay along with interest @ 6 % p.a. from the date of
presentation of this petition till payment is made. In the event of
petitioner do not fulfill the requisite criteria for extending second
and third time bound advancement as in the year 1991 and April,
2001, necessary speaking order shall be passed by the second
respondent as to which of the criteria petitioner could not satisfy
the authorities in respect of extending second and third time bound
promotion as on 1991 and in April, 2001.
The above exercise shall be completed within a period
of two months from the date of receipt of this order failing which
the second respondent is liable to pay litigation cost and it is
quantified @ Rs. 10,000/-. The cost shall be paid to the petitioner.
With the above observations, both the writ petitions are
disposed of.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 30.11.2021
Transmission Date NA
