STATE OF BIHAR Vs. UMESH CHANDRA JHA

JUDGEMENT

(1.) HEARD the parties.

(2.) THIS appeal has been preferred by the State of Bihar and its officials against order of the writ court dated 20th January, 2009 whereby writ petition preferred by the sole respondent bearing CWJC No. 6069 of 2002 has been allowed. The writ court has held that the writ petitioner. Umesh Chandra Jha, shall be deemed to be promoted on the post of Superintending Engineer with effect from 23rd December, 2000 because by that date all statutory necessary clearances had been given by the State Government. He has been found to be entitled to full salary of the post of Superintending Engineer minus what may have been paid to him till the date of his retirement that is 31st December, 2002. A direction has also been given by the writ court to re-fix the pension and other retiral benefits and make the same available to the writ petitioner within a period of six months. A liberty has been granted by the writ court to the Authorities of the State Government to hold enquiry and fix responsibility for the reasons of delay of promotion of the writ petitioner in due time.

(3.) LAW governing promotions is clear. It entitles an employee to fair consideration of his claim for promotion whenever such claim is taken up for consideration. In the present case, there is no difficulty in holding that claim of the writ petitioner received proper consideration whenever it was taken up but the writ court was rightly disturbed by the fact that even after proper consideration and finding the writ petitioner fit for promotion, the actual release of the promotion was delayed without any good reason. The grant of ad hoc promotion instead of regular promotion on 5th September, 2002 was almost like adding insult to injury. For reason, the writ court has granted liberty to the respondent Authorities to hold an enquiry for finding out and fixing responsibility for delay. That view of the writ court does not require any interference.