The Division Bench dismissed the Letters Patent Appeal filed by a retired government employee. The Single Judge had granted officiating allowance, but the Appeal was rejected as it did not establish a valid right to backdated promotion based on an allegedly unauthorized order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1958 of 2011
In
Civil Writ Jurisdiction Case No. 4533 of 2007
====================================================== Jalim Prasad Yadav, son of Late Dhanushdhari Rai, resident of MohallaPunaichak, Near Devi Asthan, Police Station - Shastri Nagar, Town and District- Patna
.... .... Appellant/Petitioner Versus
====================================================== Appearance :
For the Appellant : Mr.Manan Kumar Mishra, Sr. Advocate. Mr. Amitesh Kumar, Advocate.
For the Respondents : Mr. Bijay Kumar Pandey, A.C. to G.P. 20
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
5 25-07-2012 Feeling aggrieved by the judgment and order dated 14th October 2011 passed by the learned single Judge in above C.W.J.C. No. 4533 of 2007, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent insofar as the writ petitioner has not been granted full relief prayed for by the appellant.
The appellant, then a Sub- Estimator under the Chief Engineer, Energy Department, Government of Bihar, filed above C.W.J.C. No. 4533 of 2007 under Article 226 of the Constitution for a direction to the respondents to promote the appellant as Junior Electrical Engineer with effect from 1st June 1987 and for
Patna High Court LPA No.1958 of 2011 (5) dt.25-07-2012
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consequential reliefs. The appellant also prayed that he had been functioning as Junior Electrical Engineer since 1993 and that he be paid salary of Junior Electrical Engineer from 12th August 1993.
The appellant was substantively promoted as Junior Electrical Engineer on 30th March 2006 and was paid salary of Junior Electrical Engineer from 30th March 2006. He has, on reaching the age of superannuation, retired from service on 1st July 2009.
The learned single Judge has partially allowed the writ petition. The respondents are directed to pay the officiating allowance to the appellant from 13th August 1993 till 30th March 2006, the period for which the appellant officiated as Junior Electrical Engineer.
Learned advocate Mr. Manan Kumar Mishra has appeared for the appellant. He has submitted that the appellant had become eligible for promotion as Junior Electrical Engineer on 1st June 1987 and he has been officiating as such since 12th August 1993. The appellant is, therefore, entitled to promotion as Junior Electrical Engineer since 1st June 1987 or at least since 12th August 1993. Mr. Mishra has relied upon the order dated 11th November 1998 made by the Chief Electrical Engineer, Energy Department. He has submitted that the Chief Electrical Engineer had promoted the appellant as early as on 11th November 1998.
We are unable to agree with Mr. Mishra. The aforesaid order dated 11th November 1998 indicates that the said order would come into operation after the Departmental Promotion Committee recommended the name of the appellant. It is not in dispute that since the recommendation of the
Patna High Court LPA No.1958 of 2011 (5) dt.25-07-2012
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Departmental Promotion Committee, the appellant had in fact been promoted as Junior Electrical Engineer on 30th March 2006.
In our opinion, unless the Departmental Promotion Committee had found the appellant fit or suitable for promotion as Junior Electrical Engineer and had recommended his name for such promotion, the Chief Electrical Engineer could not have made the order of promotion. The order dated 11th November 1998 was thus made by the Chief Engineer without the authority of law and is non est in the eye of law. No right to promotion accrued to the appellant under the said order.
No other contention is raised before us. The Appeal is dismissed in limine.
(R.M. Doshit, CJ)
Sujit/-
(Ahsanuddin Amanullah, J)
2 issues framed by the court
Whether the appellant is entitled to promotion from the date of an administrative order made without requisite recommendation.
Whether an order of promotion is valid if it lacks the mandatory recommendation of the Departmental Promotion Committee.
Jalim Prasad Yadav
State of Bihar
Secretary, Energy Department, Government of Bihar
Chief Engineer, Energy Department, Government of Bihar
R.M. Doshit
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
