BIHAR STATE ELECTRICITY BOARD Vs. DHARAMDEO DAS

JUDGEMENT

(1.) The appellant - Bihar State Electricity Board(For short "Board") has approached this Court assailing an order dtd. 20/10/2011, passed by the Division Bench of the High Court of Judicature at Patna in a Letters Patent Appeal(LPA No. 41 of 2008) filed by the respondent against an order dtd. 3/10/2007, passed by the learned Single Judge in a writ petition(CWJC No. 9611 of 2005) filed by the respondent.

(2.) The respondent had averred in the writ petition that though he was promoted on the post of Joint Secretary on 5/3/2003, the said promotion ought to be reckoned from July, 1997, when the post had actually fallen vacant. This plea was turned down by the learned Single Judge. However, the respondent succeeded in the intra court appeal preferred by him and as per the impugned judgement, the appellants have been directed to promote the respondent to the post of Joint Secretary with effect from 29/7/1997. By the time the impugned judgement was delivered, the respondent having superannuated, the appellants were directed to grant him all the benefits that would have accrued to him on such a post with retrospective effect.

(3.) The relevant facts of the case are that the respondent, who was physically challenged and belonged to the Scheduled Caste category, was appointed on a temporary basis on the post of Lower Division Assistant vide letter dtd. 14/5/1976. He joined the said post on 1/6/1976. Vide letter dtd. 9/6/1982 issued by the Board, the respondent was promoted to the post of Upper Division Assistant on an officiating basis.