BALAJEE PANDEY PETITIONER Vs. THE STATE OF BIHAR THROUGH THE COMMISSIONER AND SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPTT., PATNA,

JUDGEMENT

(1.) PETITIONER was denied promotion, in view of the issuance of the charge sheet dated 27.04.1996. Undisputedly, this Court, in C.W.J.C. No.1266 of 1997 (R) vide order dated 21st May 1997, was pleased to quash the second charge sheet dated 27.04.1996 issued to the petitioner and directions were issued to the authorities to consider the case of the petitioner for promotion on the next higher post, in accordance with law.

(2.) Thereafter, order dated 05.06.1998 was issued by the State of Bihar, thereby, granting promotion to the petitioner on Junior Selection Grade w.e.f. 01.02.1997. Thereafter, vide order dated 01.09.1998, petitioner was further granted promotion to the Senior Selection Grade w.e.f. 11.01.1998. In M.J.C. No. 565 of 1997 (R), petitioner has submitted that although promotions were granted to him during the pendency of this contempt proceeding vide orders dated 05.06.1998 and 01.09.1998, however, promotions should have been granted from the dates his juniors were promoted. Petitioner was granted liberty to agitate the matter before the competent authority/forum about the date of his promotions, and contempt proceedings were dropped vide order dated 02.07.1999. Thereafter, petitioner has moved a representation requesting the authorities to grant him promotions from the dates, his juniors were given promotions. Meanwhile, in view of the Bihar Reorganisation Act, 2000 State of Bihar was bifurcated on 15.11.2000. Petitioner was allocated to the State of Jharkhand. After the allocation of the petitioner to the State of Jharkhand, State of Bihar has passed order dated 23.11.2005 (Annexure 6), making the date of promotion to the Junior Selection Grade w.e.f. 24.02.1989 and 06.01.1993 for the Senior Selection Grade. Thereafter, petitioner has moved a representation, saying petitioner should be given monetary benefit, in view of the order passed by State of Bihar dated 23.11.2005, however monetary benefit was denied citing Rule 58 of the Bihar Service Code, by the impugned order dated 23.08.2006. Feeling aggrieved, petitioner has filed the present writ petition. Undisputedly, petitioner was allocated to the State of Jharkhand vide order dated 26.04.2003 w.e.f. 15.11.2000. After the allocation made by Central Government, State of Bihar has absolutely no jurisdiction to pass order dated 23.11.2005 as well as order dated 23.08.2006.

(3.) THIS Court, in the case of Suryadeo Prasad Vs. State of Jharkhand and ors. in W.P.(S) No. 19 of 2010, has held that if petitioner was not granted promotion, for no fault of him, and subsequently, realising the fault, petitioner was granted promotion from the retrospective effect, then, State Government, by invoking Rule 58 of the Service Code, cannot deny the monetary benefit to the promotee. Present petitions are disposed of with direction that petitioner shall move a fresh representation before the Jharkhand authorities within fifteen days from today for correction of date of promotions in Junior Selection Grade as well as Senior Selection Grade and for claiming the further promotion in super time scale. State of Jharkhand shall pass appropriate order thereon, in accordance with law, within sixty days positively. State of Jharkhand shall release the monetary benefit, if any, within thirty days thereafter positively.