IRRIGATION, MUZAFFARPUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Just on the verge of retirement from service i.e. 31.8.1998 the petitioner filed CWJC No. 3079 of 1998 claiming that he should be given notional promotion to the post of Engineer-in-Chief with effect from 1.1.1998, the date on which one Jagdish Prasad, said to be Scheduled Caste category candidate, retired from the post of Engineer-in-Chief. The basis for demanding that notional promotion from 1.1.98 after retirement was that in the Department of Water Resources, State of Bihar there are six posts of Engineer-in-Chief. One is reserved for Scheduled Caste candidate. Since the petitioner was Scheduled Caste candidate that post ought to be offered to him.

(3.) The order dated 27.3.2000 passed in CWJC No. 3079 of 98 is Annexure-1. The order categorically records that it is not the case of the petitioner that any person junior to petitioner has been promoted to the post of Engineer-in-Chief. Hence it will not be appropriate for this Court to issue any direction for notional promotion to the petitioner. Despite such a finding having been recorded the Court gave an opportunity to the petitioner to convince the respondents to consider his case for notional promotion.