GANESH PRASAD SINHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition on behalf of the sole petitioner has been filed seeking direction upon the respondents to treat 9th September 1980 as the date of his regular promotion on the post of Assistant Executive Engineer and, accordingly, determine his seniority.

(2.) THE case of the petitioner so far as relevant to the dispute, shortly stated, is that after completing the Kalawadhi of eight years in 1977 he was due for promotion on the post of Assistant Executive Engineer. In 1980 the post of Assistant Executive Engineer fell vacant at Jakkanpur Grid Maintenance Sub-Division after transfer of the incumbent. THE charge of the post however, was given to one Ambika Prasad who was much junior to him. THE petitioner made representation to the General Manager on 18.7.1980. On 9.9.1980 he was appointed as Assistant Executive Engineer on officiating basis at the Grid Maintenance Sub-Division, Jakkanpur till posting of a substitute. He continued as such for three years. On 27.5.1983 he was granted regular promotion from the date of assumption of the charge. Since he was already holding the post of Assistant Executive Engineer, the effective date of promotion was treated as 27.5.1983. He wants this date to be shifted to 9.9.1980.

(3.) AFTER hearing Counsel for the parties, I find substance in the case of the Board. Besides the question of delay and latches even assuming that the claim of the petitioner was not barred by the principles of res judicata in view of CWJC No. 2114 of 1995, the fact is un-assailable that as many as 34 Junior Electrical Engineer were available at the relevant time but bypassing their claims the petitioner was given additional charge of the post at the Grid Maintenance Sub-Division,. Jakkanpur apparently because he was already posted there as Junior Electrical Engineer. This being a local arrangement, made in fortuitous circumstances, I have no doubt in mind that he cannot be allowed any advantage or right on the ground that he performed the duties on the post of Assistant Executive Engineer between 9.9.1980 and 26.5.1983. Besides, the promotions were given in the light of the direction of the Supreme Court and the petitioner, therefore, has no case.