Disposed

Rudra Nand Mishra v. The State Of Bihar and Ors.

Patna HC12 Apr 2013CWJC/6030/2013

Case brief

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What is this about?

The Patna High Court directed respondents to consider the petitioner for second time-bound promotion to maintain parity with a prior order. The court denied arrears due to the 20-year delay but allowed re-fixation of pension.

What did the court decide?

Case disposed; respondents directed to consider petitioner for promotion within six months; no arrears of salary; pension re-fixation allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.6030 OF 2013 =================================================== RUDRA NAND MISHRA, S/O LATE ANIRUDH MISHRA, R/O VILLAGE & POST OFFICER NANAUTI, POLICE STATION BASANAHI, DISTRICT SAHARSA. .... .... PETITIONER/S VERSUS 1.THE STATE OF BIHAR THROUGH CHIEF SECRETARY,BIHAR, PATNA. 2.THE SECRETARY, WATER RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 3.THE CHIEF ENGINEER, (MECHANICAL), WATER RESOURCES DEPARTMENT, BIHAR, PATNA. 4.THE SUPERINTENDING ENGINEER(MECHANICAL) IRRIGATION MECHANICAL CIRCLE, WATER RESOURCE DEPARTMENT, BIRPUR, SUPAUL. 5.THE EXECUTIVE ENGINEER(MECHANICAL), IRRIGATION MECHANICAL DIVISION, WATER RESOURCE DEPARTMENT,BIRPUR, SUPAUL. .... .... RESPONDENT/S =================================================== Appearance : For the Petitioner/s:Mr. For the Respondent/s:Mr. =================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2/ 12-04-2013 Heard counsel for the parties. Having regard to the fact that the petitioner has a grievance of his not being given second time bound promotion which according to him became admissible w.e.f 09.02.1993, normally this Court was not inclined to go into such grievance of the petitioner which is belated by 20 years. However, this Court would find that in a similar case, this Court by order dated 29.06.2011 passed in C.W.J.C No. 1842 of 2011 (Yamuna Bhagat vs The State of Bihar and Ors)

had directed for consideration of time bound promotion in respect of the employee who had retired on 30.06.1997 whereas the date of retirement of the petitioner is 31.03.2003, this Court in order to maintain parity would direct the respondents to consider the case of the petitioner for grant of second time bound promotion.

At the same time since the petitioner has approached this Court after 20 years of his cause of action he will not be entitled for any arrear of salary, even if, he is allowed time bound promotion and accordingly he would get only the benefit of re-fixation of his pension on the basis of revised pay scale and emoluments pursuant if the second time bound promotion is found admissible and granted to him. Therefore the case of the petitioner for grant of second time bound promotion with the aforementioned rider be considered by the competent authority within a period of six months from the date of receipt of this order.

Rudra Nand Mishra v. The State Of Bihar and Ors.

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Rudra Nand Mishra v. The State Of Bihar and Ors.

Case brief

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