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Patna High Court · body

2007 DIGILAW 1444 (PAT)

Ramesh Chandra Srivastava v. State Of Bihar

2007-08-31

V.N.SINHA

body2007
Judgment 1. Heard learned counsel for the petitioners and the State. 2. Petitioners are the Class IV employees of the Directorate of Land Record and Survey within the Board of Revenue, Government of Bihar, Patna. They were deputed for being trained as Amin under orders of the Assistant Settlement Officer (Headquarter), Patna, bearing Memo No. 632-2 dated 11.4.1994, Annexure-4 to this application, whereafter they acquired training and appeared in the Amanat examination, result whereof is contained in Annexure-5 series to this application, wherefrom it appears that they all have passed the Amanat examination and having passed the Amanat examination, they are officiating as Amin but are not being paid salary of the post of Amin as they have not been promoted as Amin till date and the time which has passed in the meanwhile is quite substantial. 3. It is submitted on behalf of the petitioners that having served as Amin for a substantial period without any remuneration therefor is wholly arbitrary action on the part of the State-respondents. 4. Learned counsel for the State has opposed the prayer. He states that unless the petitioners are promoted on the post of Amin, they cannot seek direction from this Court for payment of salary of the post of Amin even if they are serving as Amin after being trained. 5. Having heard counsel for the parties, I am of the view that the State-respondents are required to consider, the case of the petitioners in the light of the fact that they have been trained at the instance of the State itself as they were sent for such training and once they have passed the Amanat examination and are serving as Amin then it is high time that their case be considered for promotion on the post of Amin, otherwise it will tantamount to adopting unfair labour practice which is impermissible in terms of the Constitution of India. 6. 6. This Court, accordingly, directs the Director, Land Record and Survey, Board of Revenue, Government of Bihar, Patna, Respondent No. 2 to consider the case of the petitioners for promotion on the post of Amin in accordance with law provided representation to that effect is filed before the Respondent No. 2 alongwith a certified copy of this order and consideration be made as early as possible, in any case within three months from the date of receipt of the representation, together with a certified copy of this order. 7. This application is, accordingly, disposed of.