Back
PATNA HIGH COURT
S.B.Sinha and . JJ.
Sarju Sharan
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 172 of 1981 ;
Decided On : JULY 23, 1987
SERVICE LAW - PROMOTION - DELAY AND LATCHES - WRIT PETITION DISMISSED - Bihar Engineering Service Class I - Petitioner promoted with retrospective effect from 30th March, 1963 - No arrears of salary paid - Petitioner guilty of serious delay and latches - Writ petition dismissed.
Fact of the Case:
Petitioner, a senior engineer in the Bihar Engineering Service, was not promoted to Class I until 27-1-1972, despite his juniors being promoted as far back as 30th March, 1963. He was granted promotion with retrospective effect from 30th March, 1963, but without arrears of salary. He filed a writ petition challenging the denial of arrears of salary.
Finding of the Court:
The court found that the petitioner had not challenged the earlier seniority list or the orders posting him as an Assistant Engineer, and that he had not filed the writ petition until 30th January, 1981, despite the impugned order being passed on 1st November, 1975. The court also noted that the petitioner had not seriously tried to explain the delay, and that he had only made one representation to the government on 1-10-1980.
Issues: Whether the petitioner was entitled to arrears of salary from 30th March, 1963, despite his delay and latches in filing the writ petition.
Ratio Decidendi: The court held that the petitioner was not entitled to arrears of salary due to his gross latches and delay in filing the writ petition. The court noted that the petitioner had not challenged the earlier seniority list or the orders posting him as an Assistant Engineer, and that he had not filed the writ petition until 30th January, 1981, despite the impugned order being passed on 1st November, 1975. The court also noted that the petitioner had not seriously tried to explain the delay, and that he had only made one representation to the government on 1-10-1980. The court further held that the petitioner's grievances had been substantially addressed by the State of Bihar in the impugned order, and that the discrimination he faced with regards to the scale of pay vis-a-vis his juniors had been wiped out.
Final Decision: The writ petition was dismissed.
S. B. Sinha, J.
1. The writ petition is directed against an order dated 1-11-1975 as contaired in Annexure 1 to the writ petition and the impugned portion whereof has been mentioned as Annexure 2 thereto and further for a direction for payment of arrears of salary for the period 30th March, 196 i to 22nd October, 1964 and 17th July,1967 to 21st January, 1971.
2. The facts of the case lie in a very narrow compass.
3. Admittedly the petitioner was senior to various persons named in annexure 1 i. e. Satya Narain Prasad and Hira Lal Tiwari.
4. By an order date the 30th March, 196. the aforementioned Satya Narain prased and another were promoted to the post of Executive Engineer from the post of Assistant Engineer.
5. The petitioner has stated in this application, which facts are not disputed, after the promotion of the aforementioned two persons, the petitioner made a representation claiming promotion in Bihar Engineering Service Class I as admittedly he was senior to them. It is alleged that thereafter the petitioner was posted as Incharge of a Division which are held by Class I Officers of Bihar engineering Service. The petitioner took charge of the Division with effect from 5-6-64 in addition to his own duties which he was performing, as a P. A. to superintendeing Engineer, P. W. D. , Chotanagpur Circle which was a post in the cadre of Class II service in Bihar Engineering Service.
6. The petitioner, however, was promoted on a regular basis in Class I of the Bihar Engineering Service with effect from 23-10-64.
7. However, the respondents by a notification dated 31-7-67 extended the period of promotion of the petitioner in Class I post only up to 16-6-67 but he was allowed to continue on the said post as Incharge of the Division upto 30th march, 1968.
8. The petitioner, was posted as Assistant Engineer of Ganga Bridge project, Patna with effect from 30th March, 1968 afternoon on which post the petitioner joined on 11-4-1968. The petitioner thereafter was, however, allowed to hold the charge of a Division with effect from 5-6-1964 to 30th March, 1968 although by a notification the respondent was notified as Executive Engineer which as stated hereinbefore is a Class I post in Bihar Engineering Service from 16-10-1964 to 16-6-1967.
9. Thereafter a combined seniority list was prepared which was published by a notification dated the 17th February, 1969. The said notification was challenged in the High Court of Judicature at Patna by persons who were similarly situated to that of the petitioner. The said notification was struck down by this court in C. W. J. C. No.290 of 1969 and the respondents were directed to prepare a fresh seniority list fixing the seniority of the petitioners thereof who were direct recruits and the respondents of the said writ petition which were promotees, in the light of the observation made therein. The respondents of the said writ petition against the aforementioned judgment passed by this court in C. W J. C. No.290 of 1969 preferred an appeal before the Hon ble Supreme Court of India which was dismissed.
10. It is alleged that the State of Bihar after the pronouncement of the aforementioned judgment of the Supreme Court issued a seniority list which is contained in Annexure 7 to the writ petition as a result whereof the petitioner was again promoted to the post of Bihar Engineering Service Class I by a notification dated the 26th July, 1972. By the said notification the petitioner was given promotion with retrospective effect with effect from 21-1-1971. The said notification is contained in Annexure 8 to the writ petition.
11. The petitioners position in the combined seniority list as contained in annexure 7 to the writ petition was 71.
12. The petitioner in paragraph 25 of the writ petition has stated that the petitioner and the persons similarly situated made many representations to the government for fixation of pay and payment of arrears treating them promoted in Bihar Engineering Service Class
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
