Mangal Deo Singh vs The State Of Bihar And Ors
2021 Latest Caselaw 5981 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
               Civil Writ Jurisdiction Case No. 10444 of 2006
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Mangal Deo Singh, Son of Late Jagdish Prasad, Resident of Village and P.O. Phulori, P.S.-Sandesh, District-Bhojpur, presently residing at Qr. No./House No. J-91 People's Cooperative Colony, Kankarbagh, Patna.

... ... Petitioner/s Versus The State of Bihar and Ors

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s         :       None.
For the State                :       Mr. Niraj Kumar, AC to GA-10
For the Accountant General   :       Mr. Arun Kumar Arun, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 09-12-2021 None appears for the petitioner.

In the instant petition, petitioner has prayed for the

following reliefs:-

"For the direction to the respondents for the payment of annual increment of salary to the post of Assistant Engineer w.e.f. the due date of promotion, i.e., 27.12.1978 till the date of exemption given to the petitioner from the clearing the departmental examination according to the Bihar Public Works Department Code so that the order of the Hon'ble Court passed in C.W.J.C. No. 9794 of 99 on 31.03.2005 may be executed.

It is further prayed that the respondents may kindly be directed to give interest as decided by this Hon'ble Court in C.W.J.C. No. 1631 of 1996 on 10.04.1997."

Patna High Court CWJC No.10444 of 2006 dt.09-12-2021

Pursuant to the order dated 02.12.2021, Secretary, Water

Resources Department, Government of Bihar, Patna has filed

counter affidavit on behalf of the Respondent Nos. 1 to 4. The

petitioner grievance was rejected on 08.09.2005. The petitioner has

not questioned the validity of the aforesaid order.

Crux of the matter in the present petition is whether the

petitioner is entitled to exemption in passing certain departmental

examination for the purpose of increment/promotion or not? Such

exemption was granted only on 02.12.1997 (Annexure-5 to the

writ application).

In the light of the aforesaid exemption of passing

departmental examination, it is only prospective in nature and it

cannot be given retrospective as claimed by the petitioner in the

present petition w.e.f. 27.12.1978. That apart in para 9 and 10,

State-respondent has specifically taken note vide order dated

31.03.2005 passed in CWJC No. 9794 of 1999 read with Civil

Rule No. 123 of 2005 even the review application was dismissed

on 09.10.2006. In the said decision, it is already taken note

whether the petitioner was entitled to get annual increment with

retrospective effect or not?

In the light of these facts and circumstances, the

petitioner had remedy against the order passed in CWJC No. 9794 Patna High Court CWJC No.10444 of 2006 dt.09-12-2021

of 1999 and Civil Review No. 123 of 2009. Therefore, the second

writ petition seeking writ of mandamus is impermissible. Once the

petitioner has already suffered order before this Court and it has

attained finality.

In view of these facts and circumstances, present

petition stands dismissed with a cost of Rs. 10,000/-. Petitioner

shall remit the cost with the Water Resources Department.

(P. B. Bajanthri, J)

Vikash/-

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