IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2643 of 2007
RAJJAN SINGH @ RANJAN SINGH, SON OF LATE RAM
RATAN SINGH RESIDENT OF VILLAGE POTHAHI, P.O.
BASUHAR, P.S. PUNPUN, DISTRICT PATNA, PRESENTLY
WORKING AS JUNIOR MECHAINIC GRADE-2 UNDER
EXECUTIVE ENGINEER (MECHAINICAL), ROAD
CONSTRUCTION DIVISION, ARRAH.
Versus
1. THE STATE OF BIHAR
2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR,
OLD SECRETARIAT, PATNA.
3. THE SECRETARY, ROAD CONSTRUCTION
DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN,
PATNA.
4. THE CHIEF ENGINEER (MECHAINICAL)
MECHAINICAL WING, ROAD CONSTRUCTION
DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN,
PATNA.
5. THE ENGINEER IN CHIEF CUM ADDITIONAL
SECRETARY, ROAD CONSTRUCTION DEPARTMENT,
BIHAR, VISHWASARAIA BHAWAN, PATNA.
6. THE SUPERINTENDING ENGINEER, MECHAINICAL
CIRCLE ROAD CONSTRUCTION DEPARTMENT,
VISHWASARAIA BHAWAN, PATNA.
7. THE EXECUTIVE ENGINEER (MECHAINICAL)
MECHAINICAL DIVISION, ROAD CONSTRUCTION
DEPARTMENT, ARRAH, NEAR HEAD POST OFFICE,
ARRAH.
8. THE FINANCE SECRETARY, GOVERNMENT OF
BIHAR, OLD SECRETARIAT, PATNA.
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03. 30.08.2011 Heard learned counsel for the petitioner and
the State.
2. Petitioner is aggrieved by the office order
no.40 bearing Memo No.239 dated 17.10.2006,
Annexure-3 whereunder the Superintending Engineer,
Mechanical Circle, Road Construction Department,
Patna has cancelled the promotion granted to the
petitioner on the post of Junior Mechanic Grade II and
2
allowed him first, second time bound promotion with
effect from 1.4.1981, 21.03.1991 respectively in the
scale admissible to Mechanic Helper on the ground that
promotion of the petitioner on the post of Junior
Mechanic Grade II was made while he remained in the
work charge establishment and no promotion is
permissible to the employee, who remains in the work
charge establishment.
3. Counsel for the petitioner submitted that
the very foundation of the order dated 17.10.2006,
Annexure-3 that promotion of the petitioner on the post
of Junior Mechanic Grade II was allowed when he was
in the work charge establishment is incorrect. In this
connection, it is pointed out that petitioner along with
others was regularized in the regular establishment on
the post of Mechanic Helper under order bearing
Memo No.1276 dated 4.5.1979 with effect from
1.10.1978, Annexure-1. After regularization of the
petitioner in the regular establishment on the post of
Mechanic Helper with effect from 1.10.1978 his case
was considered for grant of promotion as Junior
Mechanic Grade II under office order no.296 dated
3
8.9.1979 bearing Memo No.2413 dated 8.9.1979,
Annexure-2 and petitioner along with others was
allowed promotion as Junior Mechanic Grade-II with
effect from 1.10.1979. It is thus evident that petitioner
was allowed promotion as Junior Mechanic Grade II
under Memo No.2413 dated 8.9.1979 with effect from
1.10.1979 after he was already regularized in the
regular establishment under order dated 4.5.1979 with
effect from 1.10.1978. In the circumstances, impugned
order dated 17.10.2006 Annexure-3 cancelling the
promotion of the petitioner suffers from the vice of
arbitrariness and is, accordingly, quashed. Petitioner
having superannuated during the pendency of the writ
petition i.e. 30.09.2007, the Superintending Engineer is
directed to ensure payment of the retiral dues treating
the petitioner to have superannuated on the post of
Junior Mechanic, Grade-II after granting him all
consequential relief.
4. The writ application is, accordingly,
disposed of.
( V. N. Sinha, J.)
Rajesh/