Nityanand Choudhary & Ors vs The State Of Bihar & Ors on 3 February, 2012

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Patna High Court - Orders

Nityanand Choudhary & Ors vs The State Of Bihar & Ors on 3 February, 2012

Bench: V.N. Sinha

   IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No.10074 of 2005
======================================================
1. Nityanand Choudhary , SON OF LATE HARSIT NARAYAN
CHOUDHARY, RESIDENT OF VILLAGE- PARSANDO, P.S. HAWELI,
KHARAGPUR, DISTRICT- MUNGER, AT PRESENT WORKING AS
INCHARGE ASST. MINING OFFICER PURNEA (AGED ABOUT 53
YEARS).
2. MOTILAL SINGH, SON OF LATE BACHCHU SINGH, RESIDENT
OF VILLAGE- MAYAPUR, P.S. DAUDNAGAR DISTRICT-
AURANGABAD, AT PRESENT WORKING AS INCHARGE ASST.
MINING OFFICER, VAISHALI.
3. MANOJ KUMAR MISHRA, SON OF LATE RAMESHWAR MISHRA,
RESIDENT OF VILLAGE- FATEHPUR, P.S. NARPATGANJ IN THE
DISTRICT OF ARARIA, AT PRESENT WORKING AS INCHARGE,
ASST. MINING OFFICER, BETTIAH.
4. HARI KISHORE SINGH, SON OF LATE BHAGWAT SHARAN
SINGH, RESIDENT OF VILLAGE- CHINIABELA, VIA PUNPUN, P.S.
PUNPUN IN THE DISTRICT OF PATNA. AT PRESENT POSTED AS
INCHARGE ASST. MINING OFFICER, SAHARSA
                                                      .... .... Petitioners
                                   Versus
1. The State Of Bihar,
THROUGH THE COMMISSIONER CUM SECRETARY,
DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF
BIHAR, PATNA.
2. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF
MINES AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA.
3. THE ADDITIONAL SECRETARY, DEPARTMENT OF MINES
AND GEOLOGY, GOVERNMENT OF BIHAR, PATNA.
4. THE JOINT SECRETARY, DEPARTMENT OF MINES AND
GEOLOGY, GOVERNMENT OF BIHAR, PATNA.
5. THE DEPUTY SECRETARY, DEPARTMENT OF MINES AND
GEOLOGY, GOVERNMENT OF BIHAR, PATNA.
6. THE DIRECTOR, MINES, DEPARTMENT OF MINES AND
GEOLOGY, GOVERNMENT OF BIHAR, PATNA.
7. THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF
PERSONNEL AND ADMINISTRATIVE REFORMS, GOVERNMENT
OF BIHAR, PATNA.
8. SHAMBHU PD. SAHU, SON OF SRI RAM LAKHAN SAH,
VILLAGE- MANIK CHAWK, P.O. KAMALDHER, P.S. RUNNI
SAIDPUR, DIST- SITAMARHI, BIHAR.
9. SANJEEV KR. MANDAL, SON OF SRI SRI PATI MANDAL, VILL.
KASWA GODDA, P.O. MOHANPUR, VIA GODDA P.S. & DISTT-
GODDA, PRESENTLY, C/O- DR. P.P. SRIVASTAVA, HOUSE NO. 3,
ROAD NO. 3 A/5, MAHESH NAGAR, PATNA :--Intervener-
respondent.
                                                     .... .... Respondents
======================================================
Appearance :
For the Petitioners     : Mr. Manish Kumar, Advocate.
                             Mr. S.Parasmani, Advocate.
     Patna High Court CWJC No.10074 of 2005 (5) 2dt.03-02-2012




                 For the State           : Mr. V.M.K. Sinha, Spl. P.P. (Mines).
                 For Pvt. Respondent no. 8,9: Mr. Akashdeep, Advocate.
                                              Mr. Shyameshwar Kr. Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE V.N. SINHA

                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE V.N. SINHA)

5   03-02-2012

Heard learned counsel for the petitioners, State and the counsel for the Private Respondents.

2. At the time of filing of the writ petition petitioners were serving as Mines Inspector. They have filed this writ petition for a direction to the State-respondents to consider their case for promotion as Assistant Mining Officer as according to the petitioners the private respondents who were junior to the petitioners in the grade of Mines Inspector were so promoted.

3. Having noticed the aforesaid submission this Court under orders dated 14.3.2007 directed the respondents to file their response to the prayer made by the petitioners.

4. Counsel for the private respondents accepts the position that they were junior to the petitioners in the grade of Mines Inspector but subsequently they were promoted under 10 per cent quota reserved for Mining Engineers or the holders of A.M.I.E. qualification. Learned counsel for the private respondents also referred to the letter of the Commission bearing no. 1084 dated 30.7.2010, whereunder proceedings of Patna High Court CWJC No.10074 of 2005 (5) 3dt.03-02-2012 the Departmental Proceeding Committee dated 8.7.2010 was forwarded to the Principal Secretary of the Mines and Geology Department of the State Government recommending the case of the petitioners and others for promotion as Assistant Mining Officer.

5. Counsel for the State has not been able to inform this Court as to whether the recommendation of the Commission dated 8.7.2010 has already been considered and acted upon by the authorities in the Government.

6. Having heard counsel for the parties, this writ petition is disposed of directing the Principal Secretary of the Mines and Geology Department of the State Government to consider the recommendation of the Commission dated 8.7.2010 and pass appropriate order in the matter of promotion of the petitioners on the post of Assistant Mining Officer in accordance with law, if such order has not already been passed, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order before the Principal Secretary.

7. The writ petition is, accordingly, disposed of.

(V.N. Sinha, J.) Pravin/-

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Patna High Court - Orders