IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.3733 of 2009
Arjun Praswan
Versus
The State Of Bihar & Ors
-----------
3. 28.07.2011 The petitioner was appointed as Junior Engineer on 16.4.1973.
He came to be promoted on ad hoc basis as Assistant Engineer on
2.5.1983.The promotion came to be regularised with effect from
2.9.1981.The Departmental Promotion Committee on 29.3.1989 shifted
his date of substantive promotion as Assistant Engineer to
16.4.1980.The petitioner is now aggrieved by his promotion on
28.2.1992 on the post of Executive Engineer. He contends that his
eligibility and date of promotion as Executive Engineer has to be
counted from the date of his promotion as Assistant Engineer i.e.
16.4.1980. His juniors, who became Assistant Engineer after 16.4.1980,
have been considered and promoted as Executive Engineer in the
years 1988-1990.
The respondent State acknowledges that the petitioner has
been treated as an Assistant Engineer from 16.4.1980 and paid his
monetary benefits accordingly. The defence is that it was done in view
of orders of this Court which the respondents accepted after their
challenge in appeal failed. He contends that the seniority of the
petitioner in the cadre of Assistant Engineer has been reckoned and
final seniority list prepared on 3.7.2008 based on the date of entry into
the cadre.
The Commission has filed separate counter affidavit. It states
that the date of substantive promotion of the petitioner in the cadre of
Assistant Engineer has been changed to 16.4.1980.Thereafter no
proposal has been received for any consequent shifting of his promotion
as Executive Engineer.
The Court is at a complete loss to understand how an individual
can have two different dates for purposes of reckoning his seniority as
Assistant Engineer. One would be based on the recommendation of the
Departmental Promotion Committee which remains unchanged and has
in fact been acted upon by payment of salary from that date, which
actually has been paid by notification dated 3.12.1999. The other date
of reckoning the seniority in the final gradation list prepared in the year
2008 is purported to be from the date of actual entry into the cadre. The
next question that arises is can there be actual date of entry into the
cadre and a fictional date of entry into the cadre with regard to the same
person.
Let the State file its counter affidavit which must specifically
answer this question.
List after four weeks at the same position.
Snkumar/- (Navin Sinha,J.)