RAMANUGRAH JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner superannuated while serving as Office Superintendent in the Bhagatpur Collectorate with effect from 30.6.2004. He has filed this writ petition questioning the order bearing Memo No. 55 dated 5.2,2007 (Annexure-13) passed in cbmpliance of the order of the High Court dated 14.9.2006, Annexure-11, whereunder his promotion on the post of Office Superintendent with effect from 8.6.2001 and Head Clerk with effect from 1,2.1997 1.7.1997 has been cancelled. Earlier petitioner had filed C.W.J.G. No. 3496 of 2006 praying, inter alia, to direct the Collector, Bhagalpur to consider his case for grant of promotion on the post of Head Clerk/ Office Superintendent With effect from 1.1.1996. Aforesaid writ petition was disposed of under orders dated 14.9.2006, Annexure-11 directing the State-respondents to give the petitioner promotion either as Head Clerk or Office Superintendent with effect from 1.1.1996. In compliance of the said order dated 14.9.2006 Collector, Bhagalpur considered the case of the petitioner under impugned order bearing Memo No. 55 dated 5.2.2007 but in stead granting promotion to the petitioner either on the post of Head Clerk or Office Superintendent with effect from 1.1.1996 proceeded to cancel the two promotions of the petitioner with effect from 1.7.1997 8.6.2001 on the ground that petitioner had not passed the Departmental Accounts Examination which is mandatory for earning substantive promotion. By filing the present writ petition on 3.4.2007 prayer was made to quash the order dated 5.2.2007, Annexure-13. During the pendency of the present writ petition petitioner also filed M.J.C. No. 1157 of 2007 on 14.5.2007, praying, inter alia to initiate proceedings of contempt against Collector, Bhagalpur for his act of disobedience of not granting the petitioner promotion on the post of Head Clerk/Office Superintendent with effect from 1.1.1996 in compliance of the order dated 14.9.2006, Annexure-11. Prayer made in the writ petition was considered by another Bench of this Court on 26.7.2007 when interim order was passed directing that during pendency of the writ petition the impugned order dated 5.2.2007 shall remain in abeyance together with other consequential actions. On 30.10,2007 prayer was made on behalf of the petitioner to take up the writ case after disposal of M.J.C. No. 1157 of 2007. Under order dated 07.10.2009 passed in M.J.C. No. 1157 of 2007 another Bench of this Court directed that the M.J.C. be heard along with C.W.J.C. No. 4245 of 2007. Inspite of the order dated 07.10.2009 passed in the M.J.C. the same was not tagged with the writ petition and ultimately the matter was brought under the heading "To be mentioned" and under orders dated 13.1.2011 passed by another Bench of this Court direction was made to hear both C.W.J.C. No. 4245 of 2007 and M.J.C. No. 1157 of 2007 together. In compliance of the said order dated 13.1.2011 both the writ petition and the contempt petition have been placed for consideration before me.

(3.) Petitioner was promoted as Head Clerk with effect from 1.2.1997 under order dated 29.5.2000, 3.8.2000 but the said promotion order was modified under order dated 4.6.2001, Annexure-1, whereunder petitioner was promoted as Head Clerk with effect from 1.7.1997. Later under orders dated 8.6.2001 petitioner was promoted as Office Superintendent, which fact has been mentioned in Paragraph-12 of the writ petition and is not disputed either in the impugned order or in the counter affidavit, Petitioner continued to discharge the duties of the Office Superintendent until the date of his superannuation i.e. 30.6.2004. After his superannuation petitioner filed C.W.J.C. No. 3496 of 2006, praying, inter alia, to direct the State-respondents to grant him promotion on the post of Head Clerk or Office Superintendent with effect from 1.1.1996. Aforesaid writ petition was disposed of under order dated 14.9.2006 Annexure-11 directing the State-respondents to grant the petitioner promotion either as Head Clerk or Office Superintendent with effect from 1st January, 1996, if he is entitled to the same having regard to his seniority within 45 and is otherwise eligible. Operative portion of the said order dated 14.09.2006 is quoted hereinbelow for ready reference :-