Patna High Court
Chandrika Prasad Kiran vs The State Of Bihar on 20 March, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.892 of 2023
In
Civil Writ Jurisdiction Case No.20974 of 2012
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Chandrika Prasad Kiran, S/o Late Chatthu Bhagat, R/o A - 42, Police Colony,
Anishabad, P.S. - Gardanibagh, District - Patna.
... ... Appellant/s
Versus
1. The State of Bihar through Principal Secretary, Home (Police) Department,
Government of Bihar, Patna.
2. The State of Jharkhand through Principal Secretary, Home Department,
Government of Jharkhand, Ranchi.
3. The Accountant General, Bihar, Patna.
4. The Accountant General, Jharkhand, Ranchi.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Patanjali Rishi, Advocate
For the State : Mr. P.K. Verma, AAG-3
For the Accountant General : Mr. Arun Kumar Arun, Advocate
For the State of Jharkhand : Mr. Sarva Deo Singh, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 20-03-2025
Re. I.A. No. 1 of 2023 :-
The aforesaid interlocutory application has
Patna High Court L.P.A No.892 of 2023 dt.20-03-2025
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been filed seeking condonation of delay of 32 days in
preferring the present appeal.
2. For the reasons stated in the application,
the delay of 32 days in preferring the appeal is, hereby,
condoned.
3. The I.A. No. 1 of 2023 stands allowed.
Re. L.P.A. No. 892 of 2023 :-
4. Heard Mr. Patanjali Rishi, the learned
Advocate for the appellant; Mr. P.K. Verma, the learned
AAG-3 for the State and Mr. Arun Kumar Arun, the
learned Advocate for the Accountant General, Bihar,
Patna. The State of Jharkhand has been represented by
Mr. Sarva Deo Singh, Advocate.
5. The appellant stood retired on 30 th of
June, 2007.
6. The claim of the appellant/petitioner
before the learned Single Judge was that he was wrongly
kept out of promotion to the post of Staff Officer, on
which post he should have been promoted on
Patna High Court L.P.A No.892 of 2023 dt.20-03-2025
3/4
01.01.1996
. It was also urged by the appellant/petitioner
before the learned Single Judge that his junior in the
feeder cadre, namely, Manohar Prasad Singh, was
appointed before him. He could not know about this
anomaly in the promotion as he was serving in the State
of Jharkhand. Immediately after his coming to know of
his being kept out of promotion, he approached this Court
in the year 2012.
7. The learned Single Judge, relying on the
decisions of the Supreme Court in P.S. Sadasivaswamy
Vs. State of Tamilnadu : AIR 1974 SC 2271 ; Vijay
Kumar Kaul & Ors. Vs. Union of India : (2012) 7 SCC
610 and State of Himachal Pradesh & Ors. Vs. Raj
Kumar & Ors. : (2023) 3 SCC 773 , held that mere
occurrence of promotional vacancy would not give any
right to an employee to claim promotion, especially after
several years of such promotion not having given to him
when it fell due.
8. Even otherwise, the appellant has retired
Patna High Court L.P.A No.892 of 2023 dt.20-03-2025
from service way-back in the year 2007 and, therefore,
has claimed only notional benefits of pay in the scale of
Staff Officer with retrospective effect from 01.01.1996 to
06.03.1996. But, in the event of the appellant not
having been promoted to that post, such prayer cannot be
allowed.
9. We are not at contretemps with the
judgment passed by the learned Single Judge, non-suiting
the appellant/petitioner on the ground of having
approached the Court several years later after his
retirement.
10. Finding no merit in this appeal, we
dismiss it.
(Ashutosh Kumar, ACJ)
(Partha Sarthy, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 22.03.2025
Transmission Date N/A
