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2012 DIGILAW 1661 (JHR)

Bilash Mishra v. State of Bihar

2012-11-27

APARESH KUMAR SINGH

body2012
Judgment 1. Heard the counsel for the parties. 2. The petitioner has come before this court for directing the respondents to consider his case for promotion on the post of Joint Secretary and its equivalent post( Super Time Scale) since the date he was eligible for promotion i.e. 1.12.1999 when certain persons junior to him in the seniority list were granted promotion to the post of Joint Secretary. Petitioner also seeks grant of monitory benefit of such grant of notional promotion as he has been superannuated from service on 31.12.2002 after completing of 27 years of service. According to the petitioner, after being successful in the 19th Combined Competitive Examination conducted by the erstwhile state of Bihar, he was appointed to the post of Sub Deputy Collector in the year 1973 at Dhanbad. He was appointed Deputy Collector after facing 22nd Combined Competitive Examination in the year 1975 and granted Junior Selection Grade in the year 1985. Thereafter, in the year 1995 he was granted Senior Selection Grade . The grievance of the petitioner arose when certain juniors in the gradation list named in para 8 of the writ petition were granted promotion to the post of Joint Secretary and its equivalent post( Super Time Scale) by notification issued by department of Personnel and Administrative Reforms, Government of Bihar vide notification dated 28.10.2000. The petitioner, thereafter, made representations vide Annexure-3 and 4 before the Respondent- Authorities , State of Bihar and subsequently, he was tentatively allocated Jharkhand cadre on bifurcation of State of Bihar on 14.11.2000, where from he superannuated on 31.12.2002. Petitioner, has therefore, come before this Court with the aforesaid grievance alleging discrimination and arbitrariness in the grant of promotion. Respondent- State of Bihar have appear and filed their counter affidavit wherein it has been stated that officers of the same batch including juniors to the petitioner were granted promotion in the Senior Selection Grade in the year 1994, while the petitioner was granted promotion in the Senior Selection Grade on 3.8.1995 on a later date. It is submitted that the requirement for consideration of promotion to the post of Joint Secretary and its equivalent post( Super Time Scale) is on completion of 4 years tenure(Kalavadhi) as on the 1st day of January of the relevant year by the officers in the Senior Selection Grade for being considered for promotion. It is submitted that the requirement for consideration of promotion to the post of Joint Secretary and its equivalent post( Super Time Scale) is on completion of 4 years tenure(Kalavadhi) as on the 1st day of January of the relevant year by the officers in the Senior Selection Grade for being considered for promotion. It is stated that the juniors of the petitioner completed 'kalavdhi' of 4 years on 1.1.1999 and their matter was considered in D.P.C held on 30.12.1999 and were accordingly granted promotion. Since petitioner's 'kalavdhi was completed after 4 years and treating on the cut of date on 1st day of January of the particular year, petitioner was eligible on 1.1.2000. As such his name was not included in the the D.P.C held on 30.12.1999. Officers of the same batch including his juniors were notified for promotion for the post of Joint Secretary / equivalent post on 28.10.2000 on the recommendation of the D.P.C dated 30.12.1999. Thereafter, petitioner superannuated on 31.12.2002 before the second subsequent D.P.C could have been held as the next D.P.C held on 2003 due to unavoidable circumstances like bifurcation of the State and implication arising out of 85th amendment of the Constitution. In these circumstances, counsel for the respondent – State of Bihar submits that petitioner could not be considered for next promotion as he superannuated in December 2002 and no junior officer to the petitioner completing the 'kalavdhi' on 1.1.2000 has been granted promotion to the post of Joint Secretary / equivalent posts before the retirement of the petitioner. Although, petitioner has filed rejoinder but has not able to refute the contention of the respondent. Moreover, it appears that petitioner has never challenged the promotion of his juniors to the Super Selection Grade in the year 1994 although was granted promotion on 3.8.1995. It appears that petitioner was pushed behind his juniors because of the previous promotional exercise in the year 1994 itself which remains unchallenged and accordingly, after 4 years of 'kalavadhi' he became eligible on 1.1.2000 but before the next D.P.C. On 2003 he has retired and no junior to him have been granted promotion, since not completing the 'kalavdhi' on 1.1.2000. In the facts and circumstances and also after hearing the parties, it is apparent that the action of the respondents do not suffer from discrimination or arbitrariness and, therefore the relief sought for by the petitioner cannot be granted. Accordingly, this writ petition is dismissed.