Patna High Court
Dhanu Lal Rai Alias Dhanulal Rai vs The State Of Bihar on 6 August, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11671 of 2024
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Dhanu Lal Rai alias Dhanulal Rai Son of Late Jai Govind Rai, resident of
village - Turkaulia, P.S.- Chhapra Mufasil, District - Saran at Chhapra.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Public Health
Engineering Department, Bihar, Bailey Road, Patna.
2. Principal Secretary, Public Health Engineering Department, Bihar, Bailey
Road, Patna.
3. The Superintending Engineer, PH Circle, PHED, Saran at Chhapra.
4. The Executive Engineer, PH Division, PHED, Saran at Chhapra.
5. Sri Sanjay Kumar Srivastava Son of Late Subash Prasad, resident of Village
Dumhar, P.S. - Guthani, District - Siwan.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rananjay Kumar, Advocate
For the Respondent/s : Government Pleader 7
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 06-08-2024
Heard learned counsel appearing on behalf of the
petitioner and the learned counsel for the State.
2. The petitioner in paragraph no. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:-
"That the petitioner beseeches indulgence of the
Hon'ble High Court with a prayer for issuance of
appropriate writ or writs in the nature of certiorari
setting aside the office order contained in Office
Order No.23 dated 30.05.2024 corresponding to
memo No.294 dat. 30.05.2024 issued by the
Superintending Engineer, PH Circle, Chhapra
which is quite without application of mind, illogical,
illegal, unreasonable and discriminatory violating
Article 14 ad 16 of the Constitution of India apart
from being contrary to factual position and the
records of his office and this has been issued only to
harass and to victimize the petitioner and further for
Patna High Court CWJC No.11671 of 2024 dt.06-08-2024
2/4
issuance of appropriate writ or writs in the nature of
mandamus commanding the respondent authorities,
particularly the Superintending Engineer, PH
Circle, Public Health Engineering Department,
Chhpara to grant promotion to the post of Clerk in
Class III cadre from Class IV cadre for which he
fulfills the criteria under relevant Rules, and this
promotion may be directed to be given from the date
when his junior, respondent no.05 has been granted
i.e. dt. 12.12.2023 and denial of the same to this
petitioner is arbitrary action on part of the
respondent authorities and/or the Hon'ble Court
may grant any other relief or reliefs as may be
pleased in the facts and circumstances of the case."
3. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner was appointed on
compassionate ground on the post of Peon on 14.11.1994, after
the death of his father in harness. In the meantime, the petitioner
had also completed his Intermediate course, for which he was to
take examination held in the month of May, 1995. It is claimed
by the petitioner that he had informed the appropriate authority
in this regard by filing an application before the Superintending
Engineer, PH Circle, Chhapra on 15.05.1995. The learned
counsel has brought the said application on record by way of
Annexure - '4' to show that he is Intermediate pass and also
diploma holder in Computer Application.
4. The learned counsel has further submitted that the
rejection of the petitioner for his promotion in Grade III cadre
on the ground that he had not informed the department, while
Patna High Court CWJC No.11671 of 2024 dt.06-08-2024
3/4
he had appeared in Intermediate Examination held by the Bihar
Intermediate Council is not in accordance with the law. As
such, the authorities must re-consider the claim of the petitioner
on the basis of the fact that an application had been filed by the
petitioner on 15.05.1995 by which he had sought permission for
taking Intermediate examination, which was held in the month
of May, 1995.
5. The grievance of the petitioner is that though there
is consideration of application of the petitioner dated
15.05.1995
, the petitioner himself had not prayed before the
concerned authority that he was a regular student of
Intermediate for the Sessions 1993-95 and he came into the
government service on 14.11.1994. In absence of any discussion
in respect of the fact that the petitioner was already admitted in
the Intermediate and, thereafter, for getting permission to appear
in the examination, he had also filed application dated
15.05.1995 before the concerned authority. Learned counsel in
these backgrounds seeks to file a detail representation before the
Chief Engineer, North Region, Muzaffarpur to reconsider his
case for due promotion.
6. Considering the aforesaid submissions made on
behalf of the petitioner, as well as, the impugned order
Patna High Court CWJC No.11671 of 2024 dt.06-08-2024
contained in Annexure 'P/11' that the case of the petitioner was
considered in the light of order dated 22.03.2024 passed in
CWJC No.4465 of 2024 by which a Co-ordinate Bench of this
Court had directed the Superintending Engineer, PH Circle,
PHED, Saran at Chapra to dispose of the representation of the
petitioner by a reasoned and speaking order in accordance with
law within a period of six weeks, the Chief Engineer, North
Region, Muzaffarpur is required to consider the application of
the petitioner, who is still in government service and has
claimed for promotion. The Chief Enginner must give his
specific findings while considering the case of the petitioner.
Insofar as the fact that the petitioner has pursued his
Intermediate after he was appointed in government service can
not be ground for rejecting his claim for promotion. The
representation of the petitioner must be disposed of
expeditiously.
7. With the above observation/direction, the present
writ petition stands disposed of.
(Purnendu Singh, J)
chn/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2024
Transmission Date NA
