STATE OF BIHAR Vs. SARYUG PRASAD TANTI

JUDGEMENT

(1.) I.A. No. 2596/13 has been filed to condone delay of approximately 184 days in filing the appeal. We have considered the submissions on behalf of the parties and are satisfied that sufficient cause has been demonstrated to condone delay. The delay is condoned. The appeal arises from order dated 2.8.2011 allowing C.W.J.C. No. 9128/06. The learned Single Judge ordered confirmation of the respondents as substantive Executive Engineers from the date that they were appointed as In-Charge Executive Engineers while holding the substantive post of Assistant Engineers. Consequently, directions have been given to pay full remuneration for the post of Executive Engineer and to also treat it as the last pay drawn for purposes of retirement benefits.

(2.) Learned counsel for the appellants submitted that respondent No. 1 officiated till superannuation for a period of one year and eleven months; respondent No. 2 officiated for a period of four months till superannuation; respondent No. 3 officiated for approximately two years till superannuation and respondent No. 4 for approximately one and a half years till superannuation. No person junior to the respondents had been promoted substantively to the post of Executive Engineer causing hostile discrimination. In absence of any substantive vacancy on the post of Executive Engineer (Civil) till the date of their superannuation, the question of granting them any notional promotion does not arise. The immediate junior as also persons senior to the respondents were promoted as Executive Engineers after their superannuation by order dated 18.3.1997.

(3.) The respondents never raised any grievance while in service either for substantive promotion or for full salary of the higher officiating post as they were aware and conscious of the fact that there existed no vacancies for substantive promotion to them as Executive Engineers. To grant them notional promotion today will work great turmoil in the seniority list as not only will the four respondents have to be considered, but all such persons who superannuated in officiating capacity as Executive Engineers while holding the substantive post of Assistant Engineers will all have to be considered. Third party rights have accrued in favour of those already promoted and who would necessarily be affected also.