DAYA SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner retired as Clerk in the Irrigation Division, Murliganj, in the district of Madhepura on 21.1.2013. The order after his superannuation on 6.1.2014, which is Annexure 4 to the writ application and also under challenge, was issued to the petitioner, wherein a direction for recovery was issued by the Chief Engineer, Water Resources Department, Purnea. The reason for the said recovery indicated in Annexure 4 is that the petitioner was granted First Time Bound Promotion wrongly because he did not pass the departmental examination. The order indicates that the First Time Bound Promotion, which was given with effect from 7.1.1987, has also been withdrawn.

(2.) It is in this background that the writ application has been filed seeking quashing of Annexure 4.

(3.) The facts noted above are not matter of dispute. It is the decision taken by the superior authorities much after superannuation of the petitioner, which is the subject matter of dispute in the present writ application. The Court does not hold that there was no necessity to pass departmental examination before an employee could beget the benefit of First Time Bound Promotion. Petitioner had not passed the examination, therefore, in the very first place there was no occasion for the respondents to grant benefit of such kind to him alongwith large number of other employees. The other glaring fact is that after this grant, petitioner derived the benefit thereof for more than 2 and 1/2 decades. The realization dawned upon the authorities only after superannuation of the petitioner.