NAGENDRA KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed for a direction to promote the petitioners to Class III posts on the date on which respondents No. 5 to 8 said to be juniors to them were given promotion and for restoration of their seniority in Class III posts with effect from the due dates.

(2.) MR . A.K. Sahani, learned Counsel appearing for the petitioners, submitted that the petitioners were appointed in Class IV posts as regular employees whereas respondents No. 5 to 8, who were work charged employees, were regularised after the appointment of the petitioners. He further submitted that on 31.7.1995, adhoc promotion was wrongly given to respondents no. 5 to 8 by the Superintending Engineer, which was doubted by the Chief Engineer and, therefore, opinion was sought from the Personnel Department by letter dated 26.8.1996. As no decision was taken by the respondents, the petitioners made several representations but nothing was done, hence this writ petition was filed.

(3.) MR . Krishna Murari, appearing for respondents No. 5 and 8 submitted that respondent No. 5 was appointed in regular manner as Daftari on higher scale and respondent no. 8 was appointed on regular basis as Tressar and his post was converted from Tressar to Junior Accounts Clork in the same pay scale which was not a promotion. He further submitted that respondents No. 6 and 7 were appointed in work charge establishment prior to the appointment of the petitioners and though they were regularised after the petitioners were appointed, but in view of the judgment of L.P.A. No. 37 of 1990 passed by the Patna High Court, the services rendered by them in the work charge establishment were to be counted. He further submitted that respondents No. 5 to 8 were rightly appointed on promotion and there was no deviation from the rules. He lastly submitted that respondents No. 5 to 8 are working on the promoted post for the last ten years.