IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3004 of 2022

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Surendra Kumar Sudhanshu Son of Late Hari Narayan Ram, Resident of New

Colony, Pakari Ara, P.O. and P.S. - Ara Nawada, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Planning and

Development Department, Government of Bihar, Patna.

2.

The Joint Secretary, Planning and Development Department, Government of

Bihar, Patna.

3.

The Director, Directorate of Economics and Statistics (DES), Panning and

Development Department, Government of Bihar, Patna.

4.

The Additional Director, Panning and Development Department, Bihar,

Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Mukesh Kumar, Advocate

For the Respondent/s

:

Mr.

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 12-04-2022

Heard learned counsel for the petitioner.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

“a. For direction upon the Respondent No.

1 to consider and grant promotion to the petitioner in

Pay Level – II and Pay Level – 12 i.e., on the post of

Deputy Director and Joint Director after granting

exemption from passing the departmental examination

from the date of application of the petitioner submitted

in the month of June, 2016 and extend all

consequential benefits to the petitioner.

b. To hold that in view of Notification No.

666 dated 10.02.2010, Explanation -(2) issued by the

Patna High Court CWJC No.3004 of 2022 dt.12-04-2022

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General Administration Department, Bihar, Patna the

effect of punishment of censure awarded to the

petitioner under Notification No. 409 dated 28.01.2022

has already come to an end in the year 2020 itself.

c. For direction to the Respondent No. 1 to

consider and take an appropriate decision

expeditiously upon representation of the petitioner

dated 07.02.2022 and 10.02.2022 respectively by a

reasoned and speaking order.

d. For any other relief/reliefs for which the

petitioner may be entitled to.”

3. Petitioner’s grievance is relating to promotion to the

post of Deputy Director and Joint Director. He was aged about 54

years in the year 2016 when he had submitted the application.

4. Learned counsel for the petitioner submitted that

concerned respondent is required to take note of Bihar

Government Servent Exemption from Passing of Departmental

Examination Rules, 2018 which was notified on 06.03.2018.

5. The concerned authority is hereby directed to take

note of petitioner’s representation read with Rule 3 of Rules 2018.

Further service particulars of the petitioner and relevant provision

of promotion to the post of Deputy Director and Joint Director

after analyzing material information, proceed to pass order as to

whether petitioner is entitled to the post of Deputy Director and

Joint Director respectively or not? If he is entitled, in that event,

order of promotion shall be passed after 06.03.2018 with reference

Patna High Court CWJC No.3004 of 2022 dt.12-04-2022

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to Rules, 2018. If he is not entitled, in that event, necessary

speaking order shall be passed and communicated to the petitioner

as to why the petitioner is not entitled for promotion to the post of

Deputy Director and Joint Director.

6. The above exercise shall be completed within a period

of two months from the date of receipt of this order.

7. Accordingly, writ petition stands disposed off.

GAURAV S./-

(P. B. Bajanthri, J)

AFR/NAFR

CAV DATE

Uploading Date

19.04.2022

Transmission Date