UMESH CHANDRA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE petitioner originally came to this Court with a prayer for a direction for issuance of notification granting him promotion to the next higher post of Superintending Engineer for which necessary recommendations had been made by the Departmental Promotion Committee and approved by the Cabinet. During pendency of the writ application the respondents have issued notification no. 6716. dated 5.9.2002 granting him ad hoc promotion to the post of Superintending Engineer from the date that he assumes charge in the scale of Executive Engineer held by him. The petitioner superannuated on 31.12.2002. Learned Counsel for the petitioner submits that his case was recommended by the Departmental Promotion Committee on 23.12.2000 to the Bihar Public Service Commission. It has also been approved by the Cabinet and Vigilance. There was thus no justification for the respondents to grant him ad hoc promotion in the pay scale of Executive Engineer and that he was entitled to promotion on the post of Superintending Engineer from the date of recommendation of the Bihar Public Service Commission i.e. 23.12.2000.

(3.) LEARNED Counsel for the State relied upon the statements made in the counter affidavit to urge that the petitioner is entitled to such promotion from due date and not from the date claimed by him and therefore the order of promotion dated 5.9.2002 requires no interference.