Laxman Choudhary Vs. State of Bihar and ors. - Court Judgment

Excerpt:
service law - promotion--claim of petitioner not denied by the state for promotion--direction to state authorities to constitute departmental promotion committee to consider the case of petitioner--as by now he is eligible for--application disposed of. - narayan roy, j. 1. heard counsel for the parties. 2. the petitioner confines this application to prayer nos. 1 (b) and (c) only as mentioned therein. 3. it is submitted by learned counsel appearing on behalf of the petitioner that the petitioner though was eligible for consideration for promotion to the post of assistant sub-inspector (hereinafter to be referred to as 'asi') in 1995, as he has passed the cts examination his case was not considered and juniors to him were promoted. 4. this court vide order dated 18.11.2003 wanted to know from the state counsel as to whether pursuant to annexure-3, which is the recommendation of the department concerned to promote the petitioner any action has been taken in the matter or the petitioner has been considered for promotion, as he has passed the cts examination in the year 1995. 5. pursuant to the query of this court, a supplementary counter affidavit has been filed stating herein that the case of the petitioner was not considered along with other juniors in the year 1994, as by then he had not passed the cts examination and now he has become eligible for consideration for the promotional post, as he has passed the cts examination in the year 1995. one of the reasons disclosed in the affidavit is that on account of coming into force of the bihar reorganisation act, 2000, the cases of even eligible persons could not be considered and now the case of the petitioner would be considered. 6. learned government pleader no. 7 on instruction submits that the departmental promotion committee now would be constituted and the case of the petitioner for promotion to the post of asi would be considered in accordance with law. however, learned government pleader no. 7 prays for three months time. 7. considering the facts and circumstances of the case and also noticing the fact that the claim of the petitioner is not being denied by the state respondents to consider his case for promotion to the post of asi, the state authorities are directed to, constitute dpc to consider the case of the petitioner for promotion to the post of asi, as by now he is eligible to be promoted to the post aforesaid, within a period of three months from today. 8. with the direction/observation aforesaid this application is disposed of.

Judgment:

Narayan Roy, J.

1. Heard counsel for the parties.

2. The petitioner confines this application to prayer Nos. 1 (b) and (c) only as mentioned therein.

3. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner though was eligible for consideration for promotion to the post of Assistant Sub-Inspector (hereinafter to be referred to as 'ASI') in 1995, as he has passed the CTS examination his case was not considered and juniors to him were promoted.

4. This Court vide order dated 18.11.2003 wanted to know from the State counsel as to whether pursuant to Annexure-3, which is the recommendation of the Department concerned to promote the petitioner any action has been taken in the matter or the petitioner has been considered for promotion, as he has passed the CTS examination in the year 1995.

5. Pursuant to the query of this Court, a supplementary counter affidavit has been filed stating herein that the case of the petitioner was not considered along with other juniors in the year 1994, as by then he had not passed the CTS examination and now he has become eligible for consideration for the promotional post, as he has passed the CTS examination in the year 1995. One of the reasons disclosed in the affidavit is that on account of coming into force of the Bihar Reorganisation Act, 2000, the cases of even eligible persons could not be considered and now the case of the petitioner would be considered.

6. Learned Government Pleader No. 7 on instruction submits that the departmental promotion committee now would be constituted and the case of the petitioner for promotion to the post of ASI would be considered in accordance with law. However, learned Government Pleader No. 7 prays for three months time.

7. Considering the facts and circumstances of the case and also noticing the fact that the claim of the petitioner is not being denied by the State respondents to consider his case for promotion to the post of ASI, the State authorities are directed to, constitute DPC to consider the case of the petitioner for promotion to the post of ASI, as by now he is eligible to be promoted to the post aforesaid, within a period of three months from today.

8. With the direction/observation aforesaid this application is disposed of.