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2008 DIGILAW 1247 (PAT)

Rishikesh Prasad v. State Of Bihar

2008-08-27

NAVIN SINHA

body2008
Judgment 1. Heard the learned Counsel for the petitioner and the learned Counsel for the State. 2. The claim in this writ application is for promotion to the post of Executive Engineer in the Road Construction Department of the State of Bihar with effect from 1995. 3. The petitioenr is stated to have superannuated in December 2000. Learned Counsel submits from Annexure-2 dated 4.6.1999 that his position was at serial one of the gradation list of Assistant Engineer for promotion to the post of Executive Engineer and that vacancies for the promotion were available. Notwithstanding the same the petitioner was appointed as an Executive Engineer in officiating capacity on 31.5.2000 from which post he superannuated. 4. The counter affidavit of the respondents acknowledges that the petitioner became eligible to considered for such promotion with effect from 9.9.1996. 5. The duty of the State is to assist the Court in adjudication and not to litigate with the petitioner. In this case the State has acted as a private adversary litigant against the petitioner. Notwithstanding that the petitioner claims promotion from the year 1995 the State even while acknowledging that he came in the zone of consideration on 9.9.1996 still does not deal with their own document of vacancy being available for promotion since 1999 much less it does not deal with the issue as to what transpired in between 1996 to 1999 and why the petitioner was not granted such promotion during that period. He has been granted promotion on 1.7.2000 with effect from the date that he assumes charge. 6. From the facts of the case it is more than apparent that even as per the respondents the petitioner fulfilled the requirement for such promotion with effect from 1996 if not from 1999. 7. In the facts and circumstances of the case, this Court for reasons of the conduct of the respondents themselves is left with no option but to hold that he is entitled to be considered for promotion as of 9.9.1996 to the post of Executive Engineer. Let such consideration be done and appropriate orders passed alongwith all consequential monetary benefits of the post of Executive Engineer for the period that the petitioner would have remained in service on that post alongwith the consequent revision of his pensionary and other retiral dues accordingly. 8. Let such consideration be done and appropriate orders passed alongwith all consequential monetary benefits of the post of Executive Engineer for the period that the petitioner would have remained in service on that post alongwith the consequent revision of his pensionary and other retiral dues accordingly. 8. Let such decision be taken within a maximum period of four months from the date of receipt and/or production of a copy of this order and the monetary benefits of the same on both counts be made available to the petitioner within the aforesaid period. 9. The writ application stands disposed.