SHAMBHUNATH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ petition the grievance of the petitioner is that though at the time of retirement of his service on 31.12.1997 he had already been promoted as Superintending Engineer and joined the post, vide Annexure 3 and 4, his pensionary benefits have been arbitrarily fixed in the rank of Executive Engineer.

(2.) IT appears that the petitioner was promoted as Superintending Engineer, vide Road Construction Department Notification No. 6733 (S), Patna, dated 22.11.1997 (Annexure 3). After his promotion, his service was placed under the Rural Development Department, vide same notification. Thereafter the petitioner submitted his joining on 26.11.1997 to the Engineer -in -Chief -cum -Additional -Commi ssioner -cum -Special Secretary, Rural Development Department, Government of Bihar, Patna, vide Annexure 4 and ultimately retired from service on 31.12.1997. Though he was paid his pensionary benefits, but as against the post of Executive Engineer and not as against the promoted post of Superintending Engineer.

(3.) IT is submitted on behalf of the petitioner that it has wrongly been stated in the counter affidavit that the petitioner made statement that he could not join the promoted post.