SHANKAR BHAGWAN PRASAD Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) In the present case, the petitioner is challenging the notification vide memo no. 490 dated 27.03.2017 (Annexure-18) issued under the signature of the Under Secretary, (Management), Water Resources, Department, Government of Bihar, Patna where by and where under the Water Resources Department, Government of Bihar, Patna deleted the due date of promotion mentioned in column 4 of the notification no. 2525 dated 17.08.2005 in order to debar the petitioner from getting retrospective promotion along with financial benefit from the due date i.e. 01.01.1998, whereas Suresh Paswan has been given promotion with effect from 01.01.1998 along with financial benefit.

(3.) The petitioner was appointed as Junior Engineer in the Water Resources Department on 22.07.1989 vide Government notification no. 6579. As per the policy of the State Government the due date of promotion of the petitioner as Assistant Engineer was/is from 01.01.1998. Though similarly situated persons were given promotion to the post of Assistant Engineer but petitioner was not given the promotion to the next grade of Assistant Engineer. As the State was not giving promotion to the Junior Engineer to the post of Assistant Engineer, the Subordinate Engineering Association approached this Court vide CWJC No. 2803 of 1999 in which the prayer was made to issue necessary order declaring the number of posts available for quota of Junior Engineer for their promotion to the next higher post of Assistant Engineer in the Bihar Engineering Service Class-II. The State filed the counter affidavit, wherein it has been stated that such posts were identified for promotion as well as concurrence was obtained from Bihar Public Service Commission as far back as on 21.06.2003 and matter was sent to Personnel and Administrative Department for roster clearance. The Court directed to complete the process for grant of promotion against the post available for promotion to the Junior Engineer.