Kailash Das Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

Kailash Das Vs The State Of Bihar and Ors. — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioner is entitled to first and second time-bound promotions from their due dates after completion of ten years of service in the same pay scale. +4 more

Ratio / Principle

Considering the averments in paragraph no. 12 of the counter affidavit filed on behalf of respondents no. 02 to 06 and the absence of any denial on record, this Court held that the relief sought for in the writ petition has been granted to the petitioner, inasmuch as the benefits of stagnation have already been granted to him; accordingly the writ petition was disposed of as infructuous.

Detailed headnote1 paragraphs

Civil Writ Jurisdiction Case No. 20508 of 2013 — Kailash Das v. The State of Bihar & Ors. (Patna High Court; Ritesh Kumar, J.; Oral Order dated 22-06-2026). Petitioner, an employee of the Road Construction Department establishment, prayed for: (i) first and second time-bound promotions after ten years in the same pay scale; (ii) exemption from the Accounts Examination requested through letter No. 332 dated 18.04.2005 to the Commissioner, Saran Division; (iii) arrears of salary with interest on time-bound promotions; (iv) ACP-scheme benefits, revised pension and pension arrears; and (v) promotion as Head Clerk or additional pay for Head Clerk work evidenced by memo no. 1187 dated 30.12.2000. Counsel for the State relied on the counter affidavit of respondents 2–6 (paragraph 12): the petitioner passed the Departmental Accounts Examination on 26.05.2012; his promotion was considered in the meeting of 07.02.2014 and M.A.C.P. benefit was granted w.e.f. 26.05.2012, with pay-scale Rs. 9300-34800 and grade pay Rs. 4600 w.e.f. 27.05.2012 (petitioner at Serial No. 05 of the chart). The counter affidavit, served on petitioner's counsel on 22.07.2014, drew no denial or rejoinder. Finding that the relief sought had thereby been granted — the benefits of stagnation having already accrued — the Court dismissed the writ petition as infructuous.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20508 of 2013

======================================================

Kailash Das S/O Late Indradev Ram R/O Village - Vishambharpur, P.S. Bihta, Distt. - Patna

... ... Petitioner/s

Versus

The State Of Bihar and Ors

The Principal Secretary, Road Construction Department, Govt. Of Bihar, Patna

The Engineer In Chief - Cum - Additional Commissioner - Cum - Special Secretary, Road Construction

The Chief Engineer, Rastrya Ucch Path Sub - Region, Bihar, Patna

The Superintending Engineer Rastrya Uchh Path Anchal, Muzaffarpur

The Executive Engineer Rastrya Ucch Path Division, Gopalganj

The Commissioner, Saran Division, Chapra

... ... Respondent/s

======================================================

Appearance : For the Petitioner/s : Mr. Md. Kamaluddin, Adv For the Respondent/s : Mr. V.M.K Sinha Mr. Shashi Shekhar Tiwary AC to AAG-15

======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

7 22-06-2026 Heard the learned counsel for the parties.

The present writ petition has been filed for the

following relief(s)-

“1. For issuance of an appropriate writ order direction to grant first time bound promotion to the petitioner after completion of ten years of this service in a same pay scale and second time bound promotion from the due date as available.

II. For issuance of an appropriate writ order direction specially to the

Patna High Court CWJC No.20508 of 2013(7) dt.22-06-2026 2/4

Commissioner Saran Division, Chapra to grant exemption in favour of the petitioner from passing accounts Examination in pursuance of the request made by Executive Engineer Rastrya Ucch Path Division Gopalganj through letter No.332 dated 18.04.2005 to the Commissioner Saran Division, Chapra.

III. For issuance of an appropriate writ order direction to the respondents to make payment of the arrears of the salary of the petitioner after granting time bound promotions from its due dates along with interest.

IV. For issuance of an appropriate writ order direction to grant benefit of ACP scheme in favour of petitioner with its due date and to make payment of arrears thereof along with interest and to revised the pension of the petitioner accordingly and for payment of arrears of pension thereafter.

V. For issuance of an appropriate writ order direction to the respondents to grant promotion to the petitioner in the post of Head clerk in the office of Superintending Engineer National Highway Circle or to grant additional pay for the period the respondents took the work of Head clerk from petitioner which is evident from memo

Patna High Court CWJC No.20508 of 2013(7) dt.22-06-2026 3/4

no. 1187 dated 30.12.2000.

VI. For issuance of an appropriate writ order direction granting any other relief or reliefs in favour of petitioner for which he is found entitled.”

The learned counsel for the State while referring to the counter affidavit filed on behalf of the respondents no. 02 to 06 submits that the petitioner passed the Departmental Accounts Examination on 26.05.2012 and thereafter as per the prevailing rules, the promotion of the petitioner was considered in the meeting held on 07.02.2014 and accordingly the benefits of M.A.C.P. has been granted to the petitioner w.e.f. 26.05.2012. In support thereof, a chart has been brought on record wherein the name of the petitioner finds figure at Serial No. 05 and he has been granted the pay-scale of Rs. 9300- 34800/-with grade pay of Rs. 4600/- w.e.f. 27.05.2012. He submits that the grievance of the petitioner has been redressed and although the counter affidavit of the State was served on the learned counsel appearing on behalf of the petitioner on 22.07.2014, however, no denial of the said fact is thereon record, since no such reply has been filed on behalf of the learned counsel for the petitioner.

Considering the averments in paragraph no. 12 of the counter affidavit filed on behalf of the respondents no. 02 to 06 and the fact that no denial is there on record, this Court is of

Patna High Court CWJC No.20508 of 2013(7) dt.22-06-2026 4/4

the opinion that the relief sought for in the present writ petition has been granted to the petitioner in as much as, the benefits of stagnation has already been granted to the petitioner.

Accordingly, the present writ petition is dismissed

as infructuous.

(Ritesh Kumar, J)

krishnakant/-

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