UDAY KANT JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Several petitioners in this case filed this writ application when they were denied of their right of getting first and second time bound promotions as recommended by the revision of Pay Committee.

(2.) The petitioners are Assistants serving under respondents Nos. 2 and 3 under State of Bihar. Previously there were two grades such as Lower Division Assistant and Upper Division Assistant, but afterwards by notification of the State of Bihar, both the categories have been amalgamated and is termed as "Assistant' only. According to the petitioners, they are entitled for time bound promotion, but they were denied so. Some such persons on the same footing had moved before this "Court in C.W.J.C. No. 42 of 1989 (R). The Assistants were denied of promotion as they could not pass Accounts Examination in terms of Rule 153(3)(J) of the Bihar Beard's Miscellaneous Rule, 1958 By a judgment of Single Bench of this Court, the said Rule was struck down and it was held that passing of the Accounts Examination is not necessary for promotion. Accordingly those persons who came to this Court in the above-mentioned writ petition were given time bound promotions but the petitioners' cases have been denied stating that as they were not parties to that writ petition before the High Court, they cannot be granted so. But it appears that during the pendency of the writ petition, the petitioners have been granted time bound promotion, but again the same has been cancelled by the order as contained in Annexure-D to the counter-affidavit filed by respondent No. 2. and it was also ordered that the payments that have already been made to the petitioners should be recovered from their salary. When the time bound promotion was given and the same was again withdrawn, the petitioners came up with an amendment petition for quashing the order of cancellation and recovery of the amount already drawn by them.

(3.) In the counter-affidavit, the same plea has again been taken by the respondents that the petitioners have not passed the Accounts Examination and as such they are not entitled to get promotion and further it has been stated that although promotion was given in large scale but the same had to be withdrawn on the instructions of the State Government as the individual cases have not been considered in giving such promotions. It is no where stated whether the respondents have taken up the cases of individual persons regarding grant of time bound promotion or not after the cancellation order has been passed. It is true that individual cases may be considered before giving such promotions to see whether there is any impediment in granting such promotion to individual Assistants but the respondents must take up the matter with their earnest desire to see the interest of its poor employees. It appears that the respondents are taking the. matter with whims, once granting it then withdrawing it and then again saying to consider the cases of individual cases. Be it what it may, it is made clear that the petitioner are entitled as of right to get the first and second time bound promotion without even passing the Accounts Examination, as per the judgment of this Court contained in Annexure-1 to the writ application. If any individual Assistant is not debarred for any other impediment in their service career.