Allowed

Capt. Deepak Kumar v. The State Of Bihar and Ors.

Patna HC20 Nov 2014CWJC/2473/2014

Case brief

AI extract

What is this about?

The Court held that the pendency of a leave petition without a stay order does not justify inordinate delay in considering promotion claims. The authorities were directed to consider eligible candidates for the vacant post of Pilot Instructor within three months.

What did the court decide?

Directed respondents to consider promotion claims of the petitioner, respondent no.5, and intervenor against one sanctioned post within three months.

Capt. Deepak Kumar Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2473 of 2014 With

¶2

Interlocutory Application No.6739 of 2014

¶3

====================================================== Capt. Deepak Kumar, S/O Late Vishwanath Prasad Verma, Resident of M- 3/39, P.S- Sri Krishnapuri, Patna .... .... Petitioner Versus 1. The State of Bihar, through the Commissioner- Cum- Secretary, Cabinet Secretariat Dept., Govt. of Bihar, Patna. 2. The Director, Civil Aviation Dept., Civil Aerodrome, Patna. 3. The Bihar Flying Institute, through the Chief Flying Instructor, Civil Aerodrome, Patna. 4. The Chief Flying Instructor, Bihar Flying Institutes Civil Aerodrome, Patna. – Originally Impleaded Respondents 5. Capt. Puneet Kumar, son of Sri Colonel Aryavir, resident of Flat No.-6-5, Janki Lallan Apartment, Ranjan Path, Abhiyanta Nagar, Patna, P.S.Rupaspur, District-Patna. – Added Respondent 6. Capt. Puja Sandwar, D/o Sri Satish Kumar Sandwar, resident of Flat No.204/3, Vishal Residency, Raja Bazar, P.S.-Veterinary College, DistrictPatna. – Intervenor-Respondent ====================================================== Appearance : For the Petitioner/s : Mr. Mukul Sinha Mr. Rajesh Kumar Mr.Abdul Aftab Khan For the State : Mr. Ranjeet Kumar Pandey AC to GP-23 For the Respondent No.5 : Mr.Dhananjay Kumar Upadhyay For the Intervenor : Mr.Kuber Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 6 20-11-2014 Heard the parties.

¶4

The matter at issue in the present proceeding is the claim of the petitioner vis-à-vis the respondent no.5 as also the applicant of I.A.No.6739 of 2014 for granting them promotion on the higher post of Flight/Pilot Instructor in the Bihar Flying Institute, Patna which is said to be lying vacant since 1996-97.

¶5

Learned counsel appearing on behalf of the petitioner submits that the writ petitioner is holder of the commercial pilot licence from Bihar Flying Institute, Patna and he is holding the

¶6

Patna High Court CWJC No.2473 of 2014 (6) dt.20-11-2014

¶7

¶8

post of Assistant Flight Instructor since 2006. It is the case of the petitioner that, though he is entitled to be considered for his promotion on the post of Pilot Instructor under the provisions of the Bihar State Civil Aviation Service Recruitment Rules, 1997 (in short ‘Rules, 1997’), yet his claim is not being considered for his promotion as per the aforesaid Rules, 1997 and the authorities concerned are simply sitting tight over the matter without any valid justification and on certain extraneous consideration.

¶9

Learned counsel appearing on behalf of the respondent no.5 submits that the respondent no.5 was appointed by the notification dated 02.06.2001 on the post of Assistant Flight Instructor, pursuant to the advertisement dated 10.12.2000. It is pointed out that the appointment of the respondent no.5 on the aforesaid post was assailed by one Amrendra Kumar Mohan by filing C.W.J.C. No.11424 of 2001. The aforesaid writ petition as also C.W.J.C.No.12498 of 2001 filed by the respondent no.5 were heard and decided together by a common order/judgment dated 16.03.2005 by a Bench of this Court. The aforesaid C.W.J.C.No.11424 of 2001 filed by one Amrendra Kumar Mohan was finally dismissed and the appointment of the respondent no.5 on the post of Assistant Flying Instructor was affirmed. A copy of the aforesaid order/judgment dated 16.03.2005 has been brought on record, as Annexure-B to the counter affidavit filed on behalf of the respondent no.5. It is contended that though LPA No.1161 of 2005 has been preferred by the State of Bihar against the aforesaid order/judgment dated 16.03.2005 (Annexure-B), but no stay order has been granted by this Court. Yet simply on the ground of pendency of the aforesaid L.P.A., the respondent authorities are not considering his case for grant of promotion on

¶10

Patna High Court CWJC No.2473 of 2014 (6) dt.20-11-2014

¶11

¶12

the higher post of Flight/Pilot Instructor.

¶13

I.A. No.6739 of 2014 has been filed by one Capt. Puja Sandwar under the provisions of Chapter XXI C Rule 5 (proviso) of the Patna High Court Rules praying therein for impleading her as a party respondent in the main writ petition and for giving her an opportunity of hearing before any final order is passed by this Court in the main writ petition.

¶14

Learned counsel appearing on behalf of the aforesaid intervenor submits that she is posted and working as Assistant Pilot Instructor in the Bihar Flying Institute, Patna and though, she fulfills all the conditions for being promoted on the higher post of Pilot Instructor, but her claim is also not being considered for grant of such promotion for the reasons best known to the authorities.

¶15

Learned State counsel has filed a counter affidavit on behalf of the respondent no.3. He has also filed a supplementary counter affidavit on his behalf. In the aforesaid counter affidavit, it has been stated in paragraph 5 that the claim of the petitioner for his promotion on the post of Pilot Instructor is presently under consideration in the Department. It has further been stated that the post of Pilot Instructor is at present vacant and that is required to be filled up by way of promotion, as per government Rules. It has next been stated in the aforesaid paragraph that at present three persons are working on the post of Assistant Pilot Instructor. The only plea taken by the official respondents for non-consideration of the claims of the eligible candidates for their promotion is pendency of L.P.A. No.1161 of 2005 before this Court.

¶16

After having heard the parties at great length and taking into consideration their pleadings as also on examination of the

¶17

Patna High Court CWJC No.2473 of 2014 (6) dt.20-11-2014

¶18

¶19

Rules, 1997, this Court finds that the post of Pilot Instructor is a promotional post and that post is lying vacant in the Bihar Flying Institute, Patna since 1996-97. According to the provisions of appendix B of the Rules, 1997 a Departmental Committee is required to consider the claims of all the eligible candidates for their promotion against one sanctioned post of Pilot Instructor. Though, against the order/judgment dated 16.03.2005 passed in C.W.J.C. No.11424 of 2001 (Annexure-B to the counter affidavit filed on behalf of the respondent no.5), L.P.A. No.1161 of 2005 is pending before this Court, but it is a common case of the parties that no stay order has been granted by this Court. Therefore, the order/judgment dated 16.03.2005 passed by a learned Single Judge of this Court holds the field unless and until that is reversed or set aside by the L.P.A. Court. But, on the ground of pendency of aforesaid L.P.A., the claims of the petitioner vis-à-vis respondent no.5 as also intervenor cannot be kept pending for an unending period. If any of them is found eligible for promotion, then he/she can be granted such promotion subject to final outcome of L.P.A. No.1161 of 2005.

¶20

In the aforesaid facts and circumstances, the present writ petition is disposed of with a direction to the respondent nos. 1 to 4 as also other concerned authorities to take up and consider the case of the writ petitioner, respondent no.5 and the intervenor, besides other eligible candidates, if any, for granting promotion against one sanctioned and vacant post of Pilot Instructor. The entire exercise must be completed by the concerned authorities within a maximum period of three months from the date of receipt/production of a copy of this order.

¶21

Mr.Ranjit Kumar Pandey, learned AC to GP-23

¶22

Patna High Court CWJC No.2473 of 2014 (6) dt.20-11-2014

¶23

¶24

appearing on behalf of the respondent nos. 1 to 4 has undertaken to communicate this order to the Department. He informs this Court that Capt. Sheo Prakash, respondent no.3 is physically present before this Court and the present order has been passed in his presence. Capt. Sheo Prakash, on query, has assured this Court that the final decision with respect to issues involved in the present proceeding shall be taken within the time prescribed by this Court as per the directions given above.

¶25

The writ petition stands finally disposed of with the observations and directions made above.

¶26

I.A. No. 6739 of 2014 also stands, accordingly, disposed of.

¶27

(Birendra Prasad Verma, J)

¶28

Arvind/-

¶29

Capt. Deepak Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Capt. Deepak Kumar v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sharawan Kumar Ram @ Sharwan Ram Vs The State Of Bihar

Pratima Devi @ Paro Devi Vs The State Of Bihar and Ors.

Alok Kumar Singh Vs The State Of Bihar and Ors.

The State Of Bihar Through The Principal Secretary Social Welfare Department and Anr. Vs Gyanti Kumari and Ors.

Amardeo Prasad Singh Vs The State Of Bihar and Ors.

Ranjan Rastogi @ Rajan Rastogi Vs The State Of Bihar and Ors.