CAPTAIN KAMALESHWARA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner has impugned the order dated 11-2-1999 passed by respondent No. 4, Annexure-1 to the writ petition, whereby his claim for grant of time-bound promotion has been denied or the ground that concurrence of the Government for grant of time-bound promotion has not been made as yet.

(2.) THE petitioner was an employee of the respondent-Corporation. He retired on 30-9-1993. After retirement/he filed writ petition bearing C.W.J.C. 575/97 for issuance of direction for payment of retirement dues and also for grant of time-bound promotion. THE said writ petition was disposed of on 2-7-1997, Annexure-21, directing the Administrator to determine the entire retirement dues of the petitioner and also to consider his claim with regard to time-bound promotion and dispose of the same by a reasoned order. Pursuant to the said order, the order, Annexure-1, has been passed denying the claim of the petitioner for grant of time-bound promotion. In the writ petition averment has been made that in similar situation, one Shashi Bhushan Sharma had moved this Court in C.W.J.C. No. 11135/92. THE said writ petition was allowed vide order dated 8-2-1995 directing the authority concerned to consider the case of the petitioner for grant of time-bound promotion pursuant to the decision, Annexure-7. Pursuant to the order of this Court, aforesaid Shashi Bhushan Sharma was allowed time-bound promotion. One Sheo Prasad Singh was also an employee of the respondent-Corporation. He was also allowed time-bound promotion vide Annexure-19. THE controversy with regard to time-bound promotion was considered in details by the Administrator and by order dated 18-1-1992 it was resolved that employees of the Corporation are entitled to time-bound promotion with effect from 1-4-1981, Annexure-19/1. In these circumstances averment has been made in the writ petition that there is no justification for passing the order, Annexure-1.