STATE OF BIHAR Vs. SAHODARA DEVI

JUDGEMENT

(1.) Hanuman Singh (since deceased), husband of Sahodara Devi, who is the sole respondent herein, was appointed as a Junior Engineer, Public Health Engineering Department, Government of Bihar, on 31.08.1959. He was promoted as an Assistant Engineer with effect from 05.03.1979. Thereafter, he was provisionally made in-charge, Executive Engineer, Public Health Division, Aurangabad, on 16.06.1993. By a notification, dated 31.12.1993, the State Govt., however, directed him to continue to work as Incharge Executive Engineer until further order. Hanuman Singh superannuated, on 30.11.1996, while functioning as officiating Executive Engineer, his substantive appointment being Assistant Engineer.

(2.) Hanuman Singh, while alive, filed a writ petition, under Article 226 of the Constitution of India, in the year 2000, that is, after four years of his superannuation. By the writ petition, Hanuman Singh sought for issuance of a writ commanding the respondents to grant him notional promotion to the post of Executive Engineer with effect from 16.06.1993, when he had been provisionally made in-charge of the office of the Executive Engineer, Public Health Division, Aurangabad and consequential financial benefits accruing therefrom. This writ petition gave rise to C.W.J.C. No. 2532 of 2000, which came to be disposed of, on 04.03.2005, with the following directions:

(3.) Having considered the petitioner's case for notional promotion as had been directed by the Court in C.W.J.C. No. 2532 of 2000, Public Health Engineering Department, Govt. of Bihar, vide memo No. 95, dated 28.02.2006, an order rejecting Hanuman Singh's case for granting him notional promotion. This was followed by publication of an order, in this regard, by the State Government on 15.05.2006. Without raising any grievance against the State Government's decision not to grant him notional promotion, Hanuman Singh died on 15.07.2006