NAGESHWAR MAHARAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) VIDE order dated 22.5.2000 contained in Annexure -2 the then Managing Director granted promotion to the petitioner from the post of Senior Grade Assistant to Administrative Officer. The pay scale granted to the petitioner was Rs. 2000 - 3800. The grievances of the petitioner is that this order of promotion has not gotten him any benefit monetarily. Despite the above order the respondents have not honoured the promotion order as such. On an earlier occasion when the petitioner moved this High Court a winding up petition was pending so the Court did not grant relief but the same has now been dismissed may be for a technical reason. As of today no appeal against the order has been filed. A counter affidavit on behalf of the State has been filed. The basic stand of the State is that the Corporation is an independent entity and these are issues which ought to be decided by them at their own level.

(3.) THE submission of the Corporation is that they are a defunct organisation and they do not have any resource available to meet such obligation. They expressed their helplessness in the matter because of the present fund position. They also indicate that the promotion order issued against the petitioner was also forwarded for approval to the Bureau of Public Enterprises and the Department of Industries. Subsequently on 5.2.2002 the Secretary, Industries Department, Government of Bihar has rejected the promotion order. With this development the Corporation is not bound to grant any relief whatsoever to the petitioner.