SHANTI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application bearing C.W.J.C. No. 9218/89 under Articles 226 and 227 of the Constitution of India was originally filed by one Raghunandan Dwivedi, a retired engineer who died dring the pendency of this writ application and has been substituted by his wife and two sons. The original prayers made in the writ application were to (i) confirm the petitioner as Executive Engineer in the department of Water Resources, Government of Bihar with effect from February, 1976 when his juniors were so confirmed (ii) to promote the petitioner to the post of Superintending Engineer with effect from November, 1986 when his junior was so promoted and (iii) to pay the arrears of salary etc. on account of the promotions claimed and the consequent dues of retiral benefits. During the pendency of this writ application an order dated 22 -11 -90 was brought on record as annexure -A to the counter affidavit of the respondents. The petitioner has sought to challenge that order through an amendment petition filed on 20 -8 -1991.

(2.) LATER on as a consequence of aforesaid order dated 22 -11 -90 the Accountant General of Bihar issued an order dated 11 -7 -1995 by which petitioner was informed that 50% of his pension has been deducted. To challenge this order dated 11.7.1995 which is admittedly only a consequence of order dated 22 -11 -90 the petitioner filed another writ application bearing C.W.J.C. No. 5581/95. Since both the writ applications arise out of identical facts and relate to the same petitioner hence both the cases have been heard together and are being disposed of by this common judgment.

(3.) PETITIONER was appointed as an Engineer Assistant in the Department of Irrigation in September, 1956. On 21 -1 - 1960 he was appointed as an Assistant Engineer in River Valley Project another department of the Government of Bihar. It is not in dispute that the River Valley Project and the Irrigation Department were merged in 1969 and petitioner thereafter continued as Assistant Engineer in the Irrigation Department. Petitioner was promoted to the post of Executive Engineer on ad hoc basis in February, 1976 alongwith several other persons including some of his juniors. On 9.9.1981 the petitioner was suspended on certain charges and while the petitioner was under suspension in 1984 his juniors were confirmed as Executive Engineers with effect from dates they were promoted as Executive Engineer on ad hoc basis in the year 1976. Petitioner was released from suspension on 21 -9 -1985 and was posted as Executive Engineer at Hajipur on ad hoc basis on 9 -10 -1986. Petitioner had challenged the departmental enquiry pending against him through a writ petition being C.W.J.C. No. 5877/87 which was allowed by a Division Bench of this Court on 6 -5 -1988 and the proceeding pending against the petitioner was quashed. Petitioners grievances is that on account of the proceeding which was ultimately quashed by this court, he was not confirmed to the post of Executive Engineer from the date his juniors were confirmed and similarly he was denied consideration for promotion to the post of Superintending Engineer while his admitted junior one Phanindra Nath was so promoted in November, 1986. Petitioner filed a representation dated 11 -5 -1988 claiming promotions and consequential benefits but no relief was given - to him and he retired from service on 31 -7 -1988. Thereafter he filed the writ petition being C.W.J.C. No. 9218/89 and the second writ application being C.W.J.C. No. 5581/95 as noticed above.