SURAJ CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal raises two issues. One is about the appellant reverting to his parent department and the other is promotion on the post which he could not hold.

(2.) IN so far as the second aspect is concerned, it is on record that persons junior to the appellant had been given promotion notwithstanding that the cadre had been amalgamated in pursuance of the Assistants of the Secretariat and Attached Offices Joint Cadre Act, 1989. The cadre, in context, was amalgamated with effect from 30th August, 1988. If juniors to the appellant and similarly situated had been given promotion, there is hardly any occasion to deny promotion to the appellant.

(3.) THIS court fails to understand as to how a government servant can be kept, throughout his career, on an officiating promotion with a "paper promotion". The only promotion which the petitioner may not hold is one on which he may not be qualified. In the context of this case, it is the post of a Deputy Collector which admittedly the appellant could not hold as he had not passed the departmental examination. But rightly or wrongly the respondents themselves made himself a Deputy Collector and continued him on this post. If he could not hold the post of the Deputy Collector substantively, the appellant could certainly hold the post, which was below this one, i.e., the post of a Registrar. Nothing can restrain the appellant receiving his emolument on this post and the fact that he seeks reversion to his parent department is an aspect, which is irrelevant for the simple reason that the appellant retired in 1997 and the whole exercise would be a paper transaction. If the respondent can give a "paper promotion", they can do administrative justice now by granting relief ex -post facto as a paper transaction.