JAI PRAKASH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed against the order of 1. February 1995 on CWJC no. 1931 of 1994 : Jai Prakash and others V/s. The State of Bihar & others.

(2.) TWO issues are noticed in the order which has been challenged. The learned Judge mentions that in case there was a matter of discretion then the petitioner could have been replaced by removing discrimination and taking the place of those who had got the advantage of promotion. But, this is not the case. The second aspect is of the date when promotion will take effect with its consequential effect on emoluments. The learned Judge says that the promotion will take effect from the date it is granted. The contention of the petitioners was that the promotion will take effect as from the date of the sanctioned posts and not from the date of the promotion order. This is stretching a point too far. Promotion cannot be retrospective but from the date when it is granted. Even promotion itseff is a managerial function and it cannot be made retrospectively as the petitioners so desire. The court finds no merit in this appeal.