IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.11048 of 2006
BRAJ KISHORE PRASAD SHAHI, SON OF LATE DIGAMBAR PRASAD SHAHI,
RESIDENT OF VILLAGE - CHAUHUA, P.S. KURHANI, DISTRICT - MUZAFFARPUR,
PRESENTLY WORKING AS JAIL CLERK CUM INCHARGE ASSISTANT JAILOR, SUB-
JAIL, BUXAR. ............. PETITIONER.
Versus
1. THE STATE OF BIHAR.
2. THE HOME SECRETARY, GOVT. OF BIHAR, PATNA.
3. THE INSPECTOR GENERAL OF PRISONS (JAIL), BIHAR, PATNA.
4. THE DIRECTOR OF ADMINISTRATION PRISONS (JAIL), BIHAR, PATNA.
............ RESPONDENTS.
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05/ 28.04.2011 Heard counsel for the petitioner and the
counsel appearing for the State.
Petitioner’s prayer in this writ application is
for directing the respondents to consider his case for
promotion to the post of Assistant Jailor with all
consequential benefits with effect from the date his
juniors have been given promotion.
The specific case of the petitioner is that his
case for promotion was not considered on account of
pendency of the criminal case. So far criminal case is
concerned, that has ended in acquittal of the
petitioner, but the respondents are not considering his
case for promotion despite his acquittal in the
criminal case. The reason which was shown in the
counter affidavit for non-consideration of the
petitioner’s case for promotion was considered by this
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Court and by order dated 15.3.2011 it was held that
the reason, which has been shown in the counter
affidavit for non-consideration of promotion to the
petitioner, in fact, has got no relevance. The petitioner
is entitled for promotion on account of his acquittal.
The Director General of Prison was asked to
appear in person and also asked as to when he will
convene a meeting of the D.P.C. for giving promotion
to the petitioner. From the statement in the counter
affidavit as well as the resolution of the Departmental
Promotion Committee annexed as Annexure-F
indicates that in the light of order dated 15.3.2011 a
meeting of D.P.C. was held on 4.4.2011. Petitioner’s
case for promotion was considered and he has been
recommended for promotion to the post of Assistant
Jailor with effect from the date juniors to the
petitioner were allowed i.e. 24.12.1998. The
petitioner has already superannuated, as such the
promotion will be given to him with retrospective
effect with all consequential benefits. The Finance
Department will have to take decision as per the
recommendation of the D.P.C. and a notification in
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this regard is to be issued, whereby the petitioner will
be promoted to the post of Assistant Jailor with effect
from 24.12.1998 with all consequential benefits. On
account of such promotion the respondents will have
to re-fix petitioner’s pension and he will also be
entitled for arrears of pension on account of its
revision. The respondents will complete all these
formalities within six weeks from the date of
production/communication of this order.
With these directions and observations, this
writ application is allowed.
DKS/ (Mridula Mishra, J.)
