IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.1661 of 2005
RAM SURESH SINGH .
Versus
STATE OF BIHAR .
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6. 1.12.2010 Heard learned counsel for the petitioner,
for the State as also for the Accountant General.
The writ Court had rejected the argument
that the petitioner ipso facto was entitled to annual
increments from the date of retrospective promotion
irrespective of the fact of clearing the departmental
examination. The directions contained were that the
benefit of increments shall be available from the date
of promotion for a period of three years. The
petitioner was required to clear the departmental
examination within three years. In that event, the
promotion granted with retrospective effect was
available along with increments. Failure to clear the
exam within three years from the date of promotion
could lead to stoppage of increments after three
years. Thereafter the increments were to be
available as and when the examination was passed
prospectively. There were to be no increments after
three years till the passing of the examination.
From the rejoinder to the show cause,
more particularly, Paragraph-7, it goes beyond pale
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of controversy that the petitioner was promoted on
20.4.1990 but cleared the departmental examination
beyond the period of three years on 14th of
November, 1994.
No case has been made for proceeding in
the contempt jurisdiction.
If the petitioner is aggrieved by any
quantum of payment made to him, his remedy lies in
either representing before respondents or seeking
remedy in a fresh writ application.
The proceeding stands dismissed.
P. Kumar ( Navin Sinha, J.)