CHINTA KUMARI VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appeal is barred by limitation.

(2.) AFTER having heard learned counsel for the parties and taking into consideration the averments made in the limitation petition we are satisfied that sufficient ground has been made out to condone the delay in filing this appeal. Accordingly, the delay in filing this appeal is condoned.

(3.) THE controversy in this case lies in a narrow compass. Admittedly, the appellant superannuated on 30.9.1999 and her prayer is only to grant her notional promotion to the aforesaid post of Director, Health, Medical Education and Family Welfare Department, Govt. of Bihar with effect from, 18.7.1998 on which date her junior Dr. Akhouri Ramesh Chandra Sinha was promoted to the said post. It is also admitted fact that the appellant and Dr. Akhouri Ramesh Chandra Sinha was appointed as Civil Assistant Surgeon in the Bihar Health Services and the appellant was senior to the aforesaid Dr. Akhouri Ramesh Chandra Sinha. Dr. Akhouri Ramesh Chandra Sinha and others who were junior to the appellant were granted junior selection grade and senior selection grade superseding her claim. The appellant was granted junior selection grade later on. She challenged the same by filing CWJC No. 7996 of 1992. In the said case, a counter affidavit was filed on behalf of the State stating therein that the entire matter is being reviewed and accordingly, this Court disposed of the writ application on 10.2.1994 (Annexure -1 to the writ application) directing the respondents -State to proceed with the review matter concerning grant of junior selection grade and senior selection grade in accordance with law within the period specified therein. Thereafter final gradation list was published on 15.7.1993 in which the appellant was also shown senior to aforesaid Dr. Akhouri Ramesh Chandra Sinha. However, the State Government did not decide the matter in terms of the directions issued by this Court in the aforesaid writ application. Thereafter MJC application being MJC No. 1430 of 1994 was filed by the appellant. During pendency of the MJC application on 15.5.1996, the government issued a notification granting ad hoc promotion to the appellant on junior selection grade and senior selection grade with effect from 1.4.1975 and 1.4.1981 respectively, but no consequential benefit was given. The said contempt proceeding was dropped on 20.5.1996 (Annexure -2/2 to the writ application) with a direction that the consequential benefits in terms of the notification should be given to the appellant without any delay. In the meantime, the date of grant of junior selection grade and senior selection grade granted to Dr. Akhouri Ramesh Chandra Sinha was shifted to back date without giving the said benefit to the appellant and consequential benefits as undertaken by this Court were also not granted. The appellant filed another MJC application being MJC No. 1243 of 1997. In the meantime, Dr. Akhouri Ramesh Chandra Sinha was given next promotion to the post of Additional Director (Health) with effect from 23.12.1997 and that was also brought to the notice of the Court in the said contempt application by filing an Interlocutory application. The State took plea that her promotion to the post of Addl. Director has been kept in abeyance on account of inquiry pending against her and the same had been completed and the final order will be passed very soon and in case the matter is decided in favour of the appellant she will be entitled to get the same benefit of promotion as was given to her junior Dr. Akhouri Ramesh Chandra Sinha and, accordingly, the contempt application was dropped (Annexure -3/1 to the writ application).