SHEOJI RAM Vs. STATE OF BIHAR
LAWS(PAT)-2004-9-124
HIGH COURT OF PATNA
Decided on September 02,2004

SHEOJI RAM Appellant
VERSUS
STATE OF BIHAR Respondents




JUDGEMENT

- (1.)HEARD learned counsel for the petitioner and learned counsel for the State. A counter affidavit has also been filed on behalf of the State.
(2.)THE very short controversy in the present case is with regard to grant of second time bound promotion. The petitioner a grade IV employee is battling with the State for a second time bound promotion in a third round of litigation, which is yet being opposed by the State.
The case of the petitioner is that he was appointed as a Chowkidar on 27.6.1956 in the pay scale of Rs. 22.50 paise to Rs. 27.50 paise. This fact is not in dispute either on the documents of the respondents annexed to the writ petition or in the counter affidavit. Learned counsel for the petitioner submits that on the basis of this date of appointment, he was entitled to grant of second time bound promotion accordingly.

(3.)THE submission on behalf of the petitioner is that acknowledging the date of appointment of the petitioner the respondents by an order issued on 30.8.1986 at Annexure 2 to the present application, granted him second time bound promotion in the pay scale of Rs. 400 -7 -470 -10 -510 -E.B. -10 -540. Notwithstanding the issuance of this order the respondents still refused to grant the enhanced pay scale to the petitioner. Despite being a grade IV employee with limited resources, the petitioner was compelled to approach this Court in C.W.J.C. No. 7478 of 1991 for implementation of the order at Annexure 2 by grant of the enhanced pay scale. The writ application was disposed of by an order dated 15.2.1996, Annexure 3, whereby the respondents were directed to pass appropriate orders on the representations by the petitioner for grant of enhanced pay scale. The respondent State still failed to react. This led to the institution of a contempt application bearing M.J.C. No. 648 of 1997. Thereafter, the respondents in haste proceeded to pass the impugned order at Annexure 5. In the circumstances, the contempt application came to be disposed off leaving the petitioner the opportunity to assail the order in a fresh writ application leading to the institution of the present case.


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