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2016 Supreme(Pat) 845

RAKESH KUMAR
Shankar Ram, Son of Late Bhikhar Ram – Appellant
Versus
State of Bihar through the Principal Secretary, Water Resources Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rupak Kumar.
For the Respondents: Mr. Ajay Kr. Singh.

JUDGMENT :

The petitioner, invoking writ jurisdiction of this Court under Article 226 of the Constitution of India, has prayed for directing the respondents to pay salary for the post of Chief Engineer from 07-10-2004 to 31-07-2007 with all consequential benefits.

2. The petitioner was earlier posted as Superintending Engineer in the State of Jharkhand. After bifurcation he was allotted Bihar cadre, vide Notification no. 3734 dated 04-09-2004. Earlier, he was posted as Superintending Engineer, Minor Irrigation Circle, Chaibasa. Pursuant to Notification dated 04-09-2004, the petitioner handed over charge of post of Superintending Engineer, Minor Irrigation Circle, Chaibasa and thereafter, he submitted his joining to Joint Secretary, Water Resources Department, Bihar, Patna on 15-09-2004. The petitioner was then posted as Technical Secretary to the Chief Engineer, Water Resources Department and he was also given additional charge of the post of Chief Engineer, Water Resources Department, Birpur, vide Notification No. 5654 dated 05-10-2004, vide Annexure–3 to the writ petition. By the said Notification, besides the petitioner, others were also posted at different places. Subsequently, t



















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