DHARAMDEO DAS Vs. BIHAR STATE ELECTRICITY

JUDGEMENT

(1.) The present Letters Patent Appeal has been filed against the order dated 3.10.2007 passed by the learned single Judge in C.W.J.C. no.9611 of 2005 where question has been raised to Annexure-2 with regard to inaction of the official respondents for not extending the benefit as per Annexure-2 which is a resolution of the Government regarding giving time bound promotion to the appellant, being a scheduled caste candidate, within a period of two years.

(2.) It has been contended before us that the appellant was promoted to the post of Under Secretary and is entitled to the post of Joint Secretary as per the promotional scheme 'Kalawadhi' which is a time bound promotion within a period of two years. It has further been contended that the appellant was holding the post of Under Secretary from the date of his promotion, i.e., 29.7.1995 and is entitled to his next promotion, i.e., the post of Joint Secretary within a period of two years. However, such benefit is not extended to him and he has questioned before this Court regarding the inaction of not giving him promotion by filing a writ petition. The Court has directed him to file a representation before the Board to consider the same. The representation has been considered by the Board vide Annexure-3 to the writ petition being Memo no. 183 dated 9.6.2005 wherein claim of the appellant was rejected on the ground, as stated in paragraph-4, which reads as follows :-

(3.) Learned single Judge having taken note of paragraph-4 of Annexure-3 has observed that there is no violation of Annexure-2. Accordingly, this Court did not want to interfere with the writ petition and it is dismissed.