Jharkhand High Court
Dr. Braj Nandan Verma & Another vs The State Of Jharkhand & Others on 20 November, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cont. Case (Civil) No. 24 of 2004
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Dr. Braj Nandan Verma & another --- --- Petitioners
Versus
The State of Jharkhand & others --- --- Opp. Parties
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh
Through: Video Conferencing
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For the Petitioners: Mr. Vijoy Pratap Singh, Sr. Advocate
For the State of Bihar: Mr. Ramit Satender, Advocate
For the Accountant General: Mr. Sudarshan Shrivastava, Advocate
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12 / 20.11.2021 Writ petition CWJC No. 2685/1998R preferred by the present petitioners
was allowed vide judgement dated 27.11.2002 in the following terms.
"9. When a right accrues prior to the date of superannuation and
also on a particular date during service, that right is not defeated
due to subsequent events of departmental proceeding, suspension
etc. and does not extinguish with superannuation. Therefore,
answer to the posed question is that the petitioners have been
discriminated against their juniors, which cannot be upheld and
since the right to get second time bound promotion had accrued to
the petitioners least in the year 1995 when the juniors of the
petitioners were given second time bound promotion, the
petitioners are entitled to get that benefit even though subsequently
they were departmentally proceeded or suspended or ultimately
they have superannuated. The answering respondents are directed
to give the benefit of second time bound promotion to the
petitioners with effect from the date when the juniors of the
petitioner were given that benefit with consequential pensionary
benefits within a period of three months from the date of receipt /
receipt of a copy of this judgment.
10. With the aforesaid directions / observations, this application is
allowed."
Being aggrieved, State of Bihar preferred Civil Review No. 68/2005
which was disposed of on 01.03.2019 in the following manner.
"In view of the above facts, judgment of this Court dated
27.11.2002 is modified only to the extent that if the promotion
given to the aforesaid persons, who are junior to the writ
petitioners, had been cancelled and has attained finality, meaning
thereby that they have been denied the benefit of second time
bound promotion, then the writ petitioners will not be entitled. If
juniors to the petitioners have got that benefit, the writ petitioners
will also be entitled the same benefit.
For ascertaining the above fact, the respondents are given liberty to
notice the writ petitioners and after hearing them, pass reasoned
order within a period of 12 weeks from the date of
receipt/production of a copy of this order.
With the above observation and direction, this civil revision
petition stands disposed of. "
State of Bihar passed a reasoned order dated 15.09.2020 which has been
brought on record as Annexure-6 to the supplementary reply to the show-cause
of opposite party no. 4.
2. Learned senior counsel for the petitioners has referred to the contents of
the reasoned order at para-4 in particular which refers to the one S.L.P (Civil)
No. 22414/2016 which was dismissed. The said SLP arose out of an order dated
13.03.2014 passed by the Patna High Court. Learned counsel for the petitioners
has contended that these facts were not brought to the notice before the Review
Court and they have indulged in suppression of facts.
3. A perusal of the reasoned order however stops short of making it clear as
to whether, the exercise contemplated under the operative part of the review
order dated 01.03.2019 has been carried out or not. The Review Court had
modified the judgement under review to the extent, as quoted above. Whether
the time bound promotion granted to the juniors to the petitioners in 1995 was
actually cancelled or not, is not clear from the reasoned order. The reasoned
order is under challenge in a separate writ petition WPS No. 2203/2020
preferred by the petitioner no. 1. However, this aspect of the order under
offence do not stand clearly explained by the opposite party officials of the
State of Bihar.
4. Learned counsel for the State of Bihar Mr. Ramit Satender prays for an
indulgence to file supplementary show-cause to complete the narrative and
explain as to whether the order under offence has been complied in letter and
spirit.
5. List it after four weeks. Show-cause be filed at least three days in
advance with copy to the other side.
(Aparesh Kumar Singh, J)
Ranjeet/
