KRISHNA BALLAVA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner is aggrieved by the order contained in Memo No. 200 dated 4.2.2002 (Annexure-18) by which he has been denied of first and second time bound promotion on the plea that he did not exercise option within 90 days as per the Government decision contained in Annexure-10.

(2.) Petitioner was initially appointed as Lecturer of Civil Engineering in Government Polytechnic, Gaya and joined on 14.8.1965. On 16.7.1969 he was appointed as Assistant Professor of Civil Engineering and was posted at Government Polytechnic, Saharsa vide Annexure-1.

(3.) It is stated by the learned counsel for the petitioner that when persons junior to the petitioner were granted two time bound promotions and he was denied of the same, he filed several representations for redressal of his said grievance and ultimately he filed writ petition before this Court bearing CWJC No. 16267 of 2001, which was disposed of vide order dated 3.1.2002 (Annexure-16) with an observation that the petitioner, if so advised, may represent his matter before the competent authority for redressal of his grievances and in case it is so done, the same shall be considered and disposed of in accordance with law. Accordingly, the petitioner filed representation on 21.1.2002, which was rejected by the order impugned dated 30.1.2002 (Annexure-18) on the plea that the petitioner did not exercise his option as per paragraph 6 of the memo dated 16.2.1990 (Annexure-10) within 90 days from the date of issuance of the said memo. Learned counsel for the petitioner submitted that this Court in several cases passed order directing the authorities to grant first and second time bound promotions to similarly situated persons and even junior to the petitioner have been granted such promotion. In support of this, by filing supplementary affidavit, petitioner has annexed an order dated 10.2.2005 passed in CWJC No. 10262 of 1999 Bachcha Jha v. The State of Bihar and Ors., as Annexure-19. Learned counsel for the petitioner has also relied upon the decision of this Court in the case of Prof. Dr. Amarnath Singh and Ors. v. State of Bihar and Ors. reported in 2002(1) PLJR 716.