BRAJ NANDAN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this case, the main question involved is as to whether an employee of the State Government is entitled for time bound promotion after counting the period rendered in the Work -Charge Establishment or not? Further, if such time bound promotion is granted, after counting the period rendered in the Work -Charge Establishment, whether such employee is entitled for full salary from the date, he is so promoted on such time bound promotion or not?

(2.) THERE are 44 (fortyfour) petitioners in this case, who have challenged the common order dated 3.7.1995, as contained in Annexure -6. By the said impugned Annexure -6, the time bound promotions which were granted earlier in favour of the petitioners and others with effect from 1.4.1981, the same has been cancelled and it has been ordered to send the records for reconsideration of cases of such persons for the first/second time bound promotion.

(3.) THE brief facts of the case are, as follows: - Under the Respondents -State, in its Water Resources (Irrigation) Department, there is Work Charge Establishment, apart from Regular Establishment. The petitioners were initially appointed on Muster Roll basis in the Work Charge Establishment of the said Department. Subsequently, in between the years 1962 and 1971, all the petitioners were appointed in the regular scale of pay against Class -III and Class -IV posts, in the Work Charge Establishment of the Water Resources (Irrigation) Department. The State Government decided to bring the employees of Work -Charge Establishment in the Regular Establishment of the State of Bihar. It was decided, as back as in the year 1981, that the employees who had completed five years of satisfactory service in the Work Charge Establishment, as on 1.4.1977, they along with their posts be brought to the regular establishment. It is on the basis of such decision of the State Government one order was issued by the Respondents on 20.8.1981 (Annexure -2). The petitioners, all of them had completed five years of service in the Work -Charge Establishment by 1.4.1977. It is for the said reason, the petitioners along with other similarly situated persons they were brought to the Regular Establishment along with their posts by the said order, as contained in Annexure -2. The recommendation of the 4th Pay Revision Committee was accepted by the Finance Department of State of Bihar, vide Resolution dated 30.12.1981 (Annexure -3). By the said resolution, for the first time, the principle of time bound promotion was laid down. It was decided that if the State Government employees complete ten years of service and have not been granted any promotion to the higher post, in that case, on completion of such ten years' of service, the next higher grade is to be provided by way of time bound promotion. Similarly, it was stipulated that on completion of 25 years of service, if a State Government is not provided with any second promotion, in that case, on completion of such 25. years of service, such person should be granted the second time bound promotion i.e. second higher grade of scale to that of the basic pay. Such pay revision of the State Government was also made applicable with respect to the employees of the State Govt. who were appointed and posted in the Work -Charge Establishment. On the basis of the aforesaid Resolution of the State Government, the Selection Committee considered the cases of petitioners for time bound promotion. They recommended to the authority to grant first time bound promotion in. favour of the petitioners and others, on completion of ten years' period or with effect from 1.4.1981, whichever is later, the ten years' period was counted after taking into account the period rendered by petitioners and others in the Work -Charge Establishment, against regular posts with the regular scale of pay. Accordingly, different notifications were issued granting promotions in favour of petitioners and others to the next higher grade scale of pay with effect from 1.4.1981 vide different orders issued in the year 1986, as contained in Annexure -5 series. The petitioners had completed more than ten years of service by the said date (1st of April, 1981), in the Work Charge Establishment. Subsequently, the respondents have come out with the impugned order dated 3.5.1995 (annexure -6). By the impugned order, all the aforesaid time bound promotions which were granted in favour of petitioners and others, counting the period rendered by the petitioners in the Work -Charge Establishment, the same has been cancelled. Hence the instant writ petition.