STATE OF BIHAR Vs. RAMJI PRASAD

JUDGEMENT

(1.) Considering the averments made in the limitation petition, the same is allowed and the delay in filing of this appeal is condoned. The present appeal has been filed against the order dated 5.3.2009 passed in C.W.J.C. No. . 11735 of 2002 being aggrieved by the direction issued by the learned Single Judge to the effect that the petitioner - appellant is deemed to have been promoted and retired from the post on which he continuously discharged the duties of superior posts for which he was fully qualified and found eligible.

(2.) Learned counsel appearing on behalf of the appellant - State has contended that the learned Single Judge ought not to have given direction to promote petitioner - respondent herein to the post of Chief Architect by re - fixation of his pension and other retiremental dues. It has also been contended that as the said post is reserved therefore, the State has to take a decision to de - reserve the said post and the petitioner - respondent herein has to be accommodated on such post.

(3.) Under the above circumstances, we deem it fit and proper to modify the order of learned Single Judge with regard to direction for payment of pay - scale with full wages. We are of the opinion that the order of learned Single Judge can be modified to that extent that the authorities of the State Govt. should consider the case of the petitioner - respondent herein for promotion to the post of Senior Architect/Chief Architect in accordance with law within a period of three months from the date of receipt/production of a copy of this order. With the above modification in the order of the learned Single Judge the appeal is disposed off.