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2000 DIGILAW 786 (PAT)

Shri Baldeo Mandal v. State Of Bihar

2000-06-26

SHIVA KIRTI SINGH

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Judgment Shiva Kirti Singh, J. 1. This writ application has been filed by the petitioner for shifting the date of his promotion to the post of Section Officer with effect from 18.8.1987, the date when the petitioner and six other persons were made to officiate as Section Officers in their own pay-scales vide order contained in Annexure-1 and also for grant of monetary benefits on account of such promotion from the date claimed. 2. The relevant facts of this case are not in dispute. At the relevant time, the petitioner was a selection grade assistant and according to him, he was seniormost selection grade assistant in the Department of Minor Irrigation when seven vacancies for the general category candidates occurred in the year 1987. As per the promotional rules the case of the petitioner and other eligible persons was considered and those who were found fit for promotion were given officiating promotion on 18.8.1987 vide Annexure-1 but this was not a regular promotion because by this the roster clearance had not been received. As per counter-affidavit the roster clearance was finalised on 22nd March. 1988 and it is further admitted in paragraph 3 of the counter-affidavit that before 30the August, 1988, the date on which new cadre rules were notified, present writ petitioner was already found fit for regular promotion by Departmental Promotion Committee. 3. According to the petitioner, the process for promotion to the post of Section Officer had already started in 1987 and this fact is not disputed by the respondents. The petitioner has, therefore, claimed that as per judgment of the supreme Court in the case of A.A. Calton V/s. The Director of Education -- , the respondents were required to complete the promotional process as per rules existing prior to 30.8.1988. In support of this proposition, learned Counsel for the petitioner also placed reliance upon unreported judgment of a Division Bench of this Court date 6th March, 1991 in the case of Keshri Prasad Singh V/s. State of Bihar C.R.J.C. No. 439/91. 4. On the other hand, learned Counsel for the State submitted that prior to 30th August, 1988, only officiating appointment was made by Annexure-1 whereby seven persons including the petitioner were made to officiate as Section Officer in their own pay-scales. 4. On the other hand, learned Counsel for the State submitted that prior to 30th August, 1988, only officiating appointment was made by Annexure-1 whereby seven persons including the petitioner were made to officiate as Section Officer in their own pay-scales. It is further submitted that after the notification of new cadre post-dated 20th August, 1988, a joint cadre of the Secretariat Assistants were formed with effect from 30th August, 1988 and hence, no promotion could be given on fie basis of cadre and rule existing prior to 30th August, 1988. Learned Counsel for the State placed reliance upon another Division Bench judgment of this Court dated 20th January, 1993 passed in C.W.J.C. No. 2972/91 Sheo Shankar Prasad V/s. State of Bihar. 5. A perusal of the judgment in the case of Sheo Shankar Prasad shows that the Division Bench, on the facts of that case, came to a finding that the process of promotion had not started prior to 30th August, 1988 and therefore, the prayer of the petitioners in that case for their promotion in accordance with the earlier rules was rejected. However, in the present case, as noticed earlier, there appears to be no dispute over the fact that prior to 30th August, 1988, the selection process for promotion had already started and writ petitioner was admittedly found fit for regular promotion to the post of Section Officer before 30th August, 1988. In such facts and circumstances, this case is squarely covered by the judgment of the apex Court in the case of A.A. Calton (supra) and the judgment of Division Bench of this Court in the case of Keshri Prasad Singh. 6. The petitioner has been promoted to the post of Section Officer subsequently on 27.12.1990 and is already getting the pay-scale of Section Officer with effect from that date. However, he has suffered on account of denial of timing promotion to the post of Section Officer in accordance with rules of promotion existing prior to 30th August, 1988 and therefore, this writ application is allowed and the respondents are directed to the case of the petitioner for promotion to the post of Section Officer with effect from 18.8.1987 the date of Annexure-1 or any other date prior to 30th August, 1988. Such consideration must be done within a period of three months from the date of receipt/production of a copy of this order before the Secretary, Water Resources, Minor Irrigation Department or the Secretary, Personnel and Administrative Reforms Department (respondent No. 4). The necessary monetary benefits which may be available to the petitioner on account of promotion should be paid to him within a period of six months. This writ application is allowed to the extent stated above. In the facts of the case, there will be no order as to costs.