IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1571 of 2009
Lal Barti Singh & Ors
Versus
The State Of Bihar & Ors
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05. 05.08.2011 Supplementary Counter Affidavit has been filed
on behalf of the State. Along with the Counter Affidavit,
the recent notification, dated 22.07.2011, contained in
Memo No. 369, has been annexed as Annexure – A,
whereby petitioners have been given promotion
provisionally in graduate trained scale, subject to some
conditions. One of the conditions is that, in case
seniority of any other Teacher will be affected by such
order or promotion is found to be illegal, it will be
cancelled. Another condition mentioned is that all
financial benefits on account of such promotion will be
payable with effect from the date of posting.
Counsel for the petitioners submits that the
petitioners’ promotion had earlier been delayed by the
Respondents on one or other pretext. Now, when the
promotion order has been issued, it is conditional. There
is possibility that their posting may be delayed for 2-3
months and they will not get actual benefit arising out of
such promotion for all these period. similarly situated
persons had been given promotion in the B.Sc. trained
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scale vide Annexure-A in which also condition has been
imposed that they will be paid monetary benefits from
the date of their joining.
Counsel for the State is not in a position to
inform the Court, whether order of posting has been
issued in favour of persons, promoted vide Annexure – A
or when placement order will be issued in case of
petitioners, promoted vide Annexure – B.
This matter is being adjourned till 19th of
August, 2011. By that time the counsel for the State will
seek instruction on these points. In case the order of
posting is going to be delayed, the Respondents will
either modify the condition imposed in Annexure – B or
issue order of posting without any delay.
Put up this matter on 19th of August, 2011,
retaining its position.
(Mridula Mishra, J.)
SKM