RAMYATANSHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This writ application has been filed for quashing the order dated 26-3-1992, contained in Annexures-7, 7/A and 7/B, whereby the petitioners' representation for change of their date of promotion as Assistant Engineers has been rejected. Further prayer is that a declaration should be given that petitioner No. 1 was promoted as Assistant Engineer with effect from 4-8-73 and petitioners Nos. 2 and 3 were promoted as Assistant Engineers with effect from 11-6-1972.

(3.) Undisputedly, petitioner No. 1 was appointed as Junior Engineer/ Overseer in the year 1961 and petitioner Nos. 2 and 3 were appointed as such in the year 1965 and 1964 respectively. According to the Government decision, which was in force in the year 1972-73, 25 per cent of posts of Assistant Engineer could have been filed up from amongst those Junior Engineers who had completed 8 years of service and 3 per cent of posts of Assistant Engineer could have been filed up from amongst those Junior Engineers who had completed 5 years of service and had passed A. M. I. E. (India) examination. It is not disputed that petitioner No. 1 passed the aforesaid examination on 4-8-1973 and the other two petitioners passed it on 11-6-1972. From the aforesaid facts, it becomes clear that in the year 1972-73, these three petitioners had completed more than five years of service as Junior Engineers. Therefore, upon passing the aforesaid examination in the year 1972-73, these three petitioners became eligible for consideration for promotion to the post of Assistant Engineer in the quota of 3 percent on the basis of Government decision. Undisputedly, in the year 1972-73, when these three petitioners passed the examination, vacancies in the cadre of Assistant Engineer for being filled up out of 3 per cent quota were in existence and are still in existence. But it appears that cases for promotion an Assistant Engineer remained pending and, in the meantime, the three petitioners and one Bhuneshwar Prasad promoted as Engineer Assistant after passing the aforesaid examination. Thereafter, cases for promotion in the cadre of Assistant Engineer out of 3 per cent quota were taken up and by order dated 8-8-1975, petitioner Nos. 2 and 3 were granted promotion as Assistant Engineer and petitioner No. 1 was granted promotion as such on 16-3-1978 prospectively. So far Bhuneshwar Prasad is concerned, whose case is similar to the petitioners, he was granted promotion from retrospective date, that is, from the date of passing of the examination. But, subsequently, the promotion granted to him from retrospective date was cancelled by State Government and it was directed that promotion order will become effective from prospective date. Against the said order, the matter was taken to Bihar Administrative Tribunal and the said order was quashed by the Tribunal aftertaking into consideration the Government circular dated 26-2 1969, contained in Annexure-1 to this writ application. Against this decision of the Tribunal, which is Annexure-5 to the writ application, the said Bhuneshwar Prasad came to this Court for implementation of the order of Tribunal, as in spite of direction of the Tribunal, steps were not taken for granting promotion to him with retrospective effect.