The Patna High Court dismissed a writ petition filed by a retired employee seeking promotion to two higher posts more than 13 years after superannuation. The court held the claim lacked merit.
The writ application was dismissed as it had no merit.
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.
Patna High Court CWJC No.17173 of 2012 (6) dt.07-01-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17173 of 2012
====================================================== 1. Md. Khalil Son Of Late Jangi Miyan Resident Of Village Rampur Kothia P.S. Bhagwanpur Hatt District Siwan
.... .... Petitioner/s Versus
.... .... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Pranav Kumar For the Respondent/s : Mr. Yogendra Pd. Sinha Aag15
====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER
Heard learned counsel for the parties.
06. 07.01.2014
There are two factors, which weigh against the petitioner. One is that he has retired more than 13 years ago and is only now looking for promotion to two higher posts.
What is the occasion for the petitioner to now
claim such a right after so many years of superannuation, coupled with the fact that the respondents have stated in categorical terms in paragraphs 7 and 8 that no person junior to the petitioner has been given this benefit as per the gradation list.
If that be so, the claim, which has been made
Patna High Court CWJC No.17173 of 2012 (6) dt.07-01-2014
in the present writ application, is not a bona fide assertion of a right, but of a speculative gambling kind of writ application, looking for a windfall.
Writ application has no merit, it is dismissed.
(Ajay Kumar Tripathi, J.) SKM/-
2 issues framed by the court
Whether a retired employee can claim promotion to two higher posts after more than 13 years of superannuation.
Whether the petitioner's claim constitutes a bona fide assertion of right or a speculative request for a windfall.
Md. Khalil
The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Patna
The Director Department Of Animal Husbandary Bihar Patna
The Deputy Regional Director, Saran At Chapra
The Secretary Cum Commissioner Department Of Finance Government Of Bihar, Patna
Ajay Kumar Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
