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1998 Supreme(Pat) 18

SUDHANSU JYOTI MUKHOPADHAYA
Ram Chandra Pandey – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners: M/s Tarkeshwar Dayal, Lala Sachindra Kumar and Ashok Kumar Sinha No.2.
For the State : M/s F.A. Khan and Indeshwar Pd. Mandal.

JUDGMENT :

S.J. Mukhopadhaya, J. -

This writ petition relates to time bound promotion and the arrears thereto. The case was filed by the petitioners in the year 1991, but in the meantime, different decisions in this respect have been given by this Court, so it is not necessary to discuss all the facts except the relevant one.

2. Under the respondent State of Bihar in its Road Construction Department (earlier known as P.W.D.), there is a 'Work Charge Establishment', apart from "temporary" and "permanent" establishments, which are commonly known as regular establishment. Admittedly, all these Petitioners were initially appointed in the Work Charge Establishment as Research Assistant in between the year 1964-1965. Subsequently, petitioners were taken in the permanent/regular establishment some time in the year 1978. The nomenclature of the post of Research Assistant was also changed to that of Assistant Research Officers and the petitioners are now designated with such changed nomenclature.

3. The 4th Pay Revision Committee for the first time made recommendation to make provision for time bound promotions taking into note that a number of Government employees were facing stagnation in on











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