PATNA HIGH COURT ISSUES JUDGEMENT ON SHANKER PRASAD SINGH V/S THE STATE OF BIHAR AND OTHER

PATNA, India, Aug. 4 -- Patna High Court issued the following judgment on July 15:

Heard Learned Counsel for the petitioner and Learned Counsel for the Bihar State Warehousing Corporation.

2. Counsel for the petitioner submits that the present writ petition has been filed for grant of promotion to the petitioner on the post of Assistant Engineer with effect from an appropriate date and further to grant regular promotion to the petitioner on the aforesaid post of Assistant Engineer with effect from 24.12.2010 with all consequential benefits. Further prayer has been made to grant promotion to the petitioner in the form of time bound promotion or ACP as the petitioner is serving the Corporation for about 32 years and superannuated on 31.12.2016, but no benefit was granted to him.

3. Counsel further submits that the petitioner has filed his representation vide Annexure-4 series of the writ petition, but no decision has been taken on the same by the Managing Director, Bihar State Warehousing Corporation.

4. Counsel for the Bihar State Warehousing Corporation submits that the petitioner was permitted to work on the post of Assistant Engineer in the pay-scale of Junior Engineer. Therefore, he is not entitled for regular promotion and ACP.

5. It transpires to this Court that both the parties are not in position to apprise this Court that which service law is applicable in case of the petitioner. In this view of the matter, the present writ application is disposed off directing the Managing Director, Bihar State Warehousing Corporation (respondent No.4) to pass a reasoned and speaking order on his representation which is pending before him since 2010, within 90 days from the date of production of this order.

6. It is made clear that the petitioner shall annexed the copy of the said representation with supplementary matter, if any, with this order before the respondent No.4 within 30 days, who shall take decision thereafter within the aforesaid period. If it has been found that the petitioner is eligible for the relief demanded by him, then grant the same for which he is entitled in accordance with law.

7. With the aforesaid observations, the present writ application stands disposed off.

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