BHUWNESHWAR ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE appellant is an unsuccessful petitioner. He challenged the order dated 13th August, 2001, whereby promotion granted to him as Laboratory Assistant vide order dated 9th of June, 1997 with effect from 23rd June, 1981 came to be cancelled by filing a writ petition. The Single Judge dismissed the writ petition on 13th of December, 2005. Aggrieved thereby, the present letters patent appeal has been preferred.

(2.) WE shall refer the present appellant, 'the petitioner ' and the respondent Nos. 1 to 5, 'the State Government '. The petitioner is B.Sc. He was appointed as Laboratory Khalasi with ten other persons by the State Government in the office of the Chief Engineer, Central Design Organization vide office order dated 23rd May, 1981. His name in the office order finds place at serial No. 10. He joined his duty to the post of Laboratory Khalasi on 23rd of May, 1981. The other candidates, particularly, the candidates at serial nos. 4 to 8 in the office order, joined their duties few days after the petitioner joined his duty. It appears that these candidates who joined their duties to the post of Laboratory Khalasi after the petitioner were given promotion to the post of Laboratory Assistant on 23rd of June, 1981. The petitioner, however, was not given promotion at that time and later on he has been given promotion to the post of Laboratory Assistant on 10th of January, 1986. We do not deem it necessary to go into the details of the representation made by the petitioner to the State Government for giving him promotion to the post of Laboratory Assistant with effect from 23rd of June, 1981 instead of 10th of January, 1986 and the writ petition filed by him earlier before this court for redressal of his grievance in this regard. Suffice it to say, that by the order dated 9th of June, 1997, the petitioner 'sgrievance was redressed and he was given promotion to the post of Laboratory Assistant with effect from 23rd of June, 1981. However, after a lapse of four years, the order dated 9th of June, 1997 was cancelled by order dated 13th of August, 2001. As notice above, the petitioner challenged this order by filing a writ petition.

(3.) AS noticed above vide office order dated 23rd of May, 1981, eleven person were given appointment to the post of Laboratory Khalasi. The said office order provided that the serivce would commence from the date of joining. That the five persons above him in that office order, namely, M/s Surendera Kumar, Ram Vijay Singh, Mahesh Singh, Tarun Kumar and Shailendra Nath Sahay joined their duties after the petitioner had joined does not appear to be in dispute. However, the fact of the matter is that these five persons who joined after the petitioner, were given promotion to the post of Laboratory Assistant with effect from 23rd of June, 1981, while the petitioner was not given promotion at that time. In our view, since the service was to commence from the date of joining, as per the appointment order, obviously, in the cadre of Laboratory Khalasi, the petitioner was entitled to be considered for promotion to the post of Laboratory Assistant at the time the case of promotion of five other persons was considered.