Baban Singh v. the State of Bihar and Ors.
Case brief
What is this about?
This writ petition concerns the arbitrary cancellation of the petitioner's promotion to Correspondence Clerk. The High Court held that since other Chainmen were promoted to the same post, the cancellation was discriminatory. The petition was allowed quashing the order to restore the position and dues.
What did the court decide?
Quashed the impugned letter rejecting promotion; directed restoration to the post of Correspondence Clerk with consequential benefits and arrears of salary.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18043 of 2008
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Baban Singh, son of Sri Ram Janam Singh, resident of Village-Kurur, P.O.Karath, P.S.-Gadaree (Karakat), District- Rohtas (Sasaram) at present working at Chainman, Minor Irrigation Department, Investigation Sub-Division, Bhabhua.
... ... Petitioners
Versus
- The State of Bihar through the Secretary-cum-Commissioner, Department of Minor Irrigation, Bihar, Patna.
- The Secretary-cum-Commissioner, Department of Finance, Bihar, Patna.
- The Under Secretary, Department of Minor Irrigation, Bihar, Patna.
- The Joint Secretary, Minor Irrigation Department, Bihar, Patna.
- The Director, Under Ground Water Nideshalaya, Bihar, Patna.
- The Chief Engineer, Department of Minor Irrigation, Bihar, Patna.
Issues for consideration
3 issues framed by the court
Whether the cancellation of the petitioner's promotion from Chainman to Correspondence Clerk was arbitrary since other similar employees had been promoted without issue.
Whether the state failed to explain the method of promotion and the distinction between absorption and promotion in case of Chainman to Correspondence Clerk.
Whether the petitioner deserves restoration to the post of Correspondence Clerk and consequential benefits.
Parties & counsel
- petitioner
Baban Singh
- respondent
The State of Bihar through the Secretary-cum-Commissioner, Department of Minor Irrigation, Bihar
- respondent
The Secretary-cum-Commissioner, Department of Finance, Bihar
- respondent
The Under Secretary, Department of Minor Irrigation, Bihar
- respondent
The Joint Secretary, Minor Irrigation Department, Bihar
Case details
As recorded by the court registry
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