Patna High Court
Ram Bhawan Ram vs The State Of Bihar And Ors on 11 December, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10379 of 2012
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RAM BHAWAN RAM Son Of Late Lal Mohan Ram Resident Of Village -
Amhara, P.S.- Bihta, District - Patna
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. The Principal Secretary, Water Resources Deptt. Govt. Of Bihar, Patna
3. The Under Secretary, Water Resources Deptt. Govt. Of Bihar, Patna
4. The Chief Engineer, Central Design And Research, Water Resources Deptt.
Anishabad, Patna
5. The Superintending Engineer, Research And Training, Khagaul, Patna
6. The Executive Engineer, Research And Training Division No. 2, Khagaul,
Patna
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Sharma,Advocate
For the Respondent/s : Mr.Tej Bahadur Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 11-12-2023
Heard Mr. Shailesh Kumar Sharma, learned counsel
for the petitioner and learned counsel appearing for the State.
2. The present writ application has been filed for the
following reliefs:
(I) For issuance of an appropriate writ for quashing the
Memo No.937 dated 30.09.2012 issued under the signature of
Chief Engineer, Central Design and Research, Water Resources
Department, Patna by which the Ist time bound promotion w.e.f.
01.04.1993
of the petitioner has been cancelled without providing
any opportunity of hearing and also assigning the reason that the
Patna High Court CWJC No.10379 of 2012 dt.11-12-2023
petitioner has not passed the departmental accounts examination in
fact there is no such provision for the Store Keeper to pass the
departmental accounts examination.
(II) For issuance of an appropriate writ for quashing the
letter No. 175 dated 12.04.2012 issued under the signature of
Executive Engineer Research and Training Division No.2
Khagaul, Patna by which the Memo No.937 dated 30.09.2012 has
been given effect by which the fixation of pay after cancellation of
Ist time bound promotion has been made.
(III) For issuance of an appropriate writ for commanding
and directing the respondents to restore petitioner's Ist time bound
promotion and pay salary of other benefits thereof.
(IV) For issuance of an appropriate writ for directing the
respondents to grant the A.C.P. of the petitioner.
3. The impugned order issued under the signature of
respondent No.4 by which the Ist time bound promotion of the
petitioner which has been granted earlier w.e.f. 01.04.1993 has
been cancelled on the ground that the petitioner has not passed the
requisite examination as required for the Ist time bound promotion
i.e. accounts examination with requisite qualification of Ist time
bound promotion as per Rule.
Patna High Court CWJC No.10379 of 2012 dt.11-12-2023
4. Learned counsel for the petitioner submits that that
the petitioner was initially appointed on the post of Chawkidar in
workcharge establishment alongwith other persons w.e.f.
09.10.1971. Thereafter, the petitioner was again appointed to the
post of Peon in the regular establishment vide letter No.371 dated
08.06.1979. Thereafter, the petitioner was appointed to the post of
Store Keeper vide letter No. 1244 dated 18.05.1983 issued under
the signature of respondent No.5 and thereafter the petitioner has
received letter dated 21.05.1983 which suggests that the
appointment of the petitioner on the post of Store Keeper has been
approved/concurred by the Establishment Committee.
5. Learned counsel for the petitioner submits that after
completion of 10 years of service of the petitioner and he has been
given the Ist time bound promotion w.e.f. 01.06.1993 vide Memo
No. 734 dated 19.12.1994 issued by the respondent No.4.
Thereafter, as per resolution of the Finance Department, Ist time
bound promotion of the petitioner was approved/confirmed by the
Divisional Commissioner vide Memo No. 644 dated 31.12.2001.
The Department has taken decision in the year 1984 that the post
of Accounts Clerk and the Store Keeper are separate and from a
bare perusal of the order dated 25.04.1984 (Annexure-6) it
appears that for the grant of Ist time bound promotion, Store
Patna High Court CWJC No.10379 of 2012 dt.11-12-2023
Keeper is not required to pass the accounts examination and the Ist
time bound promotion of the petitioner has been denied/recalled
on the ground that that petitioner has not passed the accounts
examination and when the matter of the petitioner was considered
for grant of MACP, the Department has taken decision that the
petitioner has not passed the accounts examination so his initial Ist
time bound promotion is cancelled in view of the fact that his Ist
time bound promotion is cancelled and he is not entitled for
MACP. Learned counsel for the petitioner further submits that now
the petitioner has been retired so his retiral benefits shall be
calculated on the basis of the aforesaid revision.
6. Learned counsel for the State, on the other hand,
referring the counter affidavit, stating therein that the petitioner is
not entitled to get promotion without passing the accounts
examination as per Miscellaneous Rule which was issued in the
year 1980 itself.
7. In view of the aforesaid, it appears that the respondent
authority has illegally cancelled the Ist time bound promotion of
the petitioner contrary to Annexure-6 which was passed by the
Department which suggests that there is no requirement of passing
the Accounts Examination of the persons who hold the post of
Store Keeper.
Patna High Court CWJC No.10379 of 2012 dt.11-12-2023
8. In view of the aforesaid, the order dated 30.09.12 and
12.04.2012 are set aside and the respondent-authorities are
directed to pay all the consequential benefits to the petitioner
within a period of three months from the date of receipt/production
of a copy of this order and the respondent authorities are also
directed to examine the case of the petitioner whether he is entitled
for MACP or not, if he is entitled for the MACP, he will also get
consequential benefits within the aforesaid period and petitioner is
also entitled his revised pension.
9. Accordingly, this writ application stands allowed.
(Rajesh Kumar Verma, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 14.12.2023
Transmission Date 14.12.2023
