NANHAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application prayer of the petitioner is to direct the respondents to consider his case for promotion to the post of Chief Engineer with effect from 1.1.94 and grant of consequential benefits flowing from that.

(2.) SHORT facts giving rise to the present application are that the petitioner was a Superintending Engineer in the Road Construction Department of the Government of Bihar and on attaining the age of superannuation, retired with effect from 1.10.94. His case for promotion as Chief Engineer was considered by the Departmental Promotion Committee in its meeting held on 17.6.96 and he was found fit for promotion with effect from 1.1.94 till the date of his superannuation i.e. 30th September, 1994. It is the assertion of the petitioner that one Sri L.N. Kanodia was also found fit for promotion as Chief Engineer in the meeting of the Departmental Promotion Committee held on the same day with effect from 1.1.94 till the date of his superannuation i.e. 31.1.95 and by order dated 28.11.96 (Annexure -3) was promoted as Chief Engineer with effect from 1.1.94.

(3.) MR . Mukul Sinha appearing on behalf of the petitioner submits that the case of the petitioner for promotion as Chief Engineer was considered by the Departmental Promotion Committee in its meeting dated 17.6.96 and the petitioner having been found fit for promotion as Chief Engineer with effect from 1.1.94, respondents are obliged to promote him as Chief Engineer. He points out that Sri L.N. Kanodia who was found fit for promotion as the Chief Engineer along with the petitioner has been promoted, but the petitioner has been left out.