SECRETARY, DEPARTMENT OF INDUSTRIES Vs. BHADEY MUNDA

JUDGEMENT

(1.) The respondents were petitioners in the writ petition and were holding the post of Functional Manager in the Department of Industries in the erstwhile unified State of Bihar. On 15th February, 1999 a meeting was convened by the Promotion Committee wherein a decision was taken to recommend for promotion of seven of such officers holding the same post and in the said recommendation, the effective date with retrospective effect was also given. Again this recommendation was considered by the Cabinet Secretary on 27th July, 1999 and again on 13th December, 1999 and thereafter it was returned to Industry Department for certain queries. After meeting with the queries, the same was sent to Cabinet Secretary, which was again returned back with certain queries. When the recommendation dated 15th February, 1999 and consequential order was not complied with by the State Government then one Writ Petition being C.W.J.C. No. 115 of 2004 was preferred by the one of the seven candidates, namely, Bindeshwari Das, which was disposed of by order of the Patna High Court dated 30th April, 2004. In the said writ petition, after taking note of the contention raised by the respondents in counter affidavit, Patna High Court observed that:--