RAMJILAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant case, the petitioner was working initially as Electrician in the Workcharge Establishment of the State. By a letter dated 10th January, 1981, while the petitioner was asked to discharge the duties of Electrical Supervisor, a higher post than the post of Electrician, it was held out that he is being promoted to the post of Electrical Supervisor, Admittedly. there was no rules pertaininq to giving of promotion in the Workcharge Establishment.

(2.) WORKCHARGE Establishment of the State is not a permanent Establishment. It is established for undertaking a particular work of the State. Once the work is over, the Establishment is closed. In order to complete the work, the time that may take may be one year or may be years. When such work continues for years and it transpires to the people in the helm of the affairs of such work that a person, who has been given a lower responsibility, may be suitable to discharge a higher responsibility, and is given such responsibility, though ostensibly by way of promotion but he is given such responsibility, in fact, to fulfill the requirement. If that is not so done, but a person discharging duties of lesser responsibility is given the duties of higher responsibility only for the purpose of making him richer, in the absence of rules authorizing grant of promotion, in terms of the Government 'sdecision dated 16th July, 1994, the Government may touch upon such a worker of the Workcharge Establishment. Before, however, doing so, an appropriate enquiry is required to be made and appropriate justification is required to be given.

(3.) IN the instant case, on 1st January, 1988 the petitioner was brought to the permanent establishment of the State with effect from that date as an Electrical Supervisor. There is no dispute that immediately prior to 1st January, 1988, the petitioner was an Electrical Supervisor working in the Workcharge Establishment. The State wanted such an Electrical Supervisor to be brought into the permanent establishment of the State. Inasmuch as the petitioner was holding the said post then he was brought to the permanent establishment of the State alongwith the post he was then holding, i.e. the post of Electrical Supervisor.