Patna High CourtCWJC/11358/2014dismissed

Balbhadra Prasad Shrivastava v. The State Of Bihar And ORS

2017-12-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 11358 of 2014 =========================================================== Balbhadra Prasad Shrivastava Son of Late Chamru Lal Resident of Village - Khadda, P.O. Khadda, District - Kushinagar (Uttar Pradesh) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Water Resources Department, Govt of Bihar, Patna

3. The Chief Engineer, Water Resources Department, Balmikinagar

4. The Superintending Engineer, Mechanical Division, Balmikinagar, West Champaran

5. The Executive Engineer, Mechanical Division, Balimiki Nagar

6. The Executive Engineer, Tirhut Canal Division No 1, Motihari, East Champaran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr Sanjeev Kumar Shrivastava, Advocate For the Respondent/s : Mr Mithilesh Kr Upadhyay, AC to GP III =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 22-12-2017 Heard counsel for the petitioner as well as the respondent-State.

2 Petitioner, in the writ petition, claims for being granted the scale of Rs 5,000/- - 8,000/- under the scheme of ACP which is meant for special category drivers. Neither in the writ petition, he has stated that he was ever appointed or has worked as special category driver nor any such document has been placed on record to show that he was ever working as special category driver. 3 The respondents have filed a counter affidavit in which they have specifically stated that the petitioner was never

Patna High Court CWJC No.11358 of 2014 dt.22-12-2017 2/2 special category driver and, as such, the said scale under the Circular dated 25.04.2007 (Annexure 1) is not attracted in this case. It appears from the records that the petitioner has never worked as special category driver.

4 Considering the aforesaid submission, the writ petition is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.12.2017 Transmission Date NA