IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18938 of 2011 Anju Kumari W/O Sri Vivek Kumar Permanent R/O Village & P.O. Teghra, P.S. Babubarhi, District Madhubani, Presently Posted As Sub-Divisional Officer, Public Health Sub-Division Bochaha, District Muzaffarpur-----Petitioner Versus 1. The State Of Bihar through Its Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2. The Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 3. The Engineer-In-Chief cum Special Secretary, Public Health Engineering Department, Patna. 4. The Joint Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. Respondents 1st set. 5. Rampado Bedia father’s name not known to the petitioner 6. Nityanand Prasad father’s name not known to the petitioner 7. Manoj Kumar Choudhary father’s name not known to the petitioner 8. Ranjeet Kumar father’s name not known to the petitioner 9. Sabir Hussain father’s name not known to the petitioner 10. Daya Shankar Prasad father’s name not known to the petitioner 11. Vivek Agrawal father’s name not known to the petitioner 12. Ramchandra Pandey father's name not known to the petitioner 13. Narayan Shankar Jha father's name not known to the petitioner 14. Karunesh Kumar Narayan father's name not known to the petitioner 15. Pradumn Sharma father's name not known to the petitioner 16. Pranavesh Singh father's name not known to the petitioner 17. Prasun Kumar father's name not known to the petitioner 18. Santosh Kumar father's name not known to the petitioner 19. Rajib Ranjan Lal father's name not known to the petitioner 20. Shiv Shankar Dayal father's name not known to petitioner 21. Sujeet Kumat father's name not known to the petitioner Respondent nos. 5 to 21 posted as Executive Engineer at offices of Public Health Engineering Department under the Engineer in Chief cum Special Secretary, Public Health Engineering Department, Govt. Of Bihar, Patna----------------------------------- ---------------------------------------------------Respondents 2nd set ---------------------------------- 2 29.11.2011 Heard learned counsel for the parties. Counsel for the petitioner submits that there is clear case of arbitrariness established in the decision making process in the matter of grant of promotion from the post of Assistant Engineer to 2 Executive Engineer in the department of Public Health Engineering Department, Government of Bihar. Vide notification no. 307 dated 14.6.2011 large number of persons have been given promotion ignoring the claim of the petitioner even though she is admittedly senior to those persons whose names figured at serial nos. 7 to 24. In support of such a contention counsel for the petitioner draws the attention of this Court to seniority list notified and contained in annexure-7 which is dated 20th of December, 2005. It now transpires that the reason for non-consideration of the claim of the petitioner for such promotion was absence of her A.C.R. for the years 2003-2009 which was not produced by the concerned authority before the DPC. Learned counsel representing the petitioner submits that non-tendering of A.C.R. by the superior authority or by the concerned authority is not attributable to the petitioner. Any failure of such kind will never come in the way of petitioner’s claim for consideration of promotion. Petitioner has annexed some decisions of this Court on this point Prima facie if this is the area of dispute then the respondents have an obligation to consider the claim of the petitioner for promotion from the date her juniors were promoted. This writ petition is disposed of with a direction upon the Principal Secretary, P.H.E.D, Government of Bihar that he will place the claim of the petitioner for promotion before the DPC at the earliest who shall consider the same within a reasonable time frame of three 3 months from the date of production/communication of a copy of this order. Consequently order will flow thereafter. It goes without saying that if the DPC finds the petitioner eligible in every respect then the benefit of promotion shall be given to her from the date her juniors were granted promotion in terms of annexure-6. This writ petition stands allowed. RPS (Ajay Kumar Tripathi, J.)