IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14731 of 2016 ====================================================== Ramayan Ram Son of Late Sughiv Ram Resident of village - Ram Jaypal Nagar, P.S. Rupaspur, District Patna ... ... Petitioner/s Versus 1. The State Of Bihar, through the Principal Secretary, Road Construction Department, Govt. of Bihar, Patna. 2. The Secretary, Road Construction Department, Govt. of Bihar, Patna 3. The Deputy Secretary Vigilance , Road Construction Department, Govt. of Bihar, Patna 4. The Deputy Secretary, Road Construction Department, Govt. of Bihar, Patna 5. The Secretary, Rural Works Department, Govt. of Bihar, Patna ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash, Advocate For the Respondent/s : Mr. Swapnil Kumar Singh, AC to GP- 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 15-04-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present writ petition has been filed for directing the respondent No. 2 to grant promotion to the petitioner on the post of Superintending Engineer (Civil) with effect from 30.07.2008 with all consequential benefits as other similarly situated person and even juniors have been promoted. 3. Learned counsel for the petitioner submits that Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 2/10 the petitioner was appointed as Junior Engineer in Road Construction Department, Govt. of Bihar, Patna on 03.04.1979. He submits that the petitioner was promoted to the post of Assistant Engineer vide Memo No. 627 (s) dated 12.02.1986 and then on the post of Executive Engineer vide Memo No. 6327(s) dated 27.08.1996 of the department. Counsel further submits that he was promoted to the post of Executive Engineer in 1996 and at the time of filing of this writ petition, he was posted as an Executive Engineer. Counsel further submits that the Secretary, Road Construction Department, Government of Bihar, issued a gradation list of inter se seniority of Executive Engineers, Superintending Engineers, and Chief Engineers, in which the petitioner was placed at Serial No. 570. He further submits that the Joint Secretary of the department, vide Memo No. 10160(s) dated 30.07.2008, granted promotion to Executive Engineers to the post of Superintending Engineer from the gradation list dated 11.11.2005. In this promotion list, one Arun Kumar Mahto, who was placed at Serial No. 572, was promoted, whereas the case of the petitioner was not considered. 4. Counsel fairly submits that a departmental proceeding was initiated against the petitioner in which Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 3/10 punishment was inflicted on him vide punishment order dated 17.06.2009. The punishment include withholding of three increments with cumulative effect. Recovery of Rs. 1,00,000/- (Rupees One Lakh) for misuse of government money and posting for three years next against the non-working post. 5. Counsel further submits that the aforesaid punishment order was challenged by the petitioner in CWJC No. 14565 of 2009 and vide order dated 18.11.2009 the punishment order dated 17.06.2009 was set aside and the matter remitted back to the Enquiry Officer to produce afresh in accordance with law. Counsel further submits that the State preferred LPA No. 784 of 2010, and vide order dated 28.06.2010, the appeal was allowed and the order of punishment was upheld. Counsel further submits that the effect of punishment was up to 16.06.2012, but the petitioner submitted a representation before the Secretary, Road Construction Department on 14.02.2011 for grant of his promotion on the post of Superintending Engineer which fell due with effect from 30.07.2008. When no promotion was granted to him then the petitioner has moved before this Hon’ble Court raising all his grievances to grant promotion to him with effect from 30.07.2008. Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 4/10 6. Counsel further submits that a counter affidavit has been filed by the State in the present matter, wherein the State has taken the plea that promotion was not granted to the petitioner because, in the Departmental Promotion Committee (including Commission) dated 22.04.2008, the case of the petitioner for promotion from Executive Engineer to Superintending Engineer in the Road Construction Department was duly considered. In the said consideration list, the petitioner was placed at Serial No. 34, while his junior was at Serial No. 36. Counsel further submits that the State has also taken the stand that, pursuant to the recommendation made by the Lokayukt, the petitioner was put under suspension and the departmental proceeding was initiated in which the petitioner was punished and his punishment was upheld by the Hon’ble L.P.A. Bench of this Court in spite of the fact that the CWJC was decided in his favour. Counsel further submits that the State has taken plea that the petitioner was under suspension and with the subsequent period of time the services of the petitioner was transferred from the Road Construction Department to Rural Works Department in the year 2013, after trifurcation of the Cadre. Counsel further submits that due to the said trifurcation of the Cadre, the Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 5/10 petitioner service was transferred to Rural Works Department from where he was superannuated in 2018. However, despite this, his promotion was neither considered by the Road Construction Department nor by the Rural Works Department. 7. In this background, counsel for the petitioner has submitted a supplementary affidavit, particularly, Annexure- 10 which is an amendment made in the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005, by virtue of Bihar Government Servants (Classification, Control & Appeal) (Third Amendment) Rules, 2010. Counsel further submits that, as per Rule 2(V) of the relevant Rules, there is a clear provision that indicates about the entitlement of the consideration of promotion with effect from the date when the effect of punishment has ended. Accordingly, counsel submits that the petitioner became entitled to promotion in light of the amended Rules of 2010 with effect from 16.06.2012. He further submits that the petitioner is, therefore, entitled to be granted promotion to the post of Superintending Engineer with effect from 16.06.2012. Since, pursuant to the cadre trifurcation in 2013, the petitioner was transferred to the Rural Works Department, counsel submits that the authority competent to grant such promotion is respondent no. 5. Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 6/10 8. In view of the above, counsel prays that the writ petition be allowed with liberty to the petitioner to pursue his claim for promotion with effect from 16.06.2012 before the appropriate authority in the Rural Works Department, i.e., respondent no. 5. 9. Learned counsel for the State, on the other hand, submits that the petitioner’s case was duly considered for promotion, however, due to the departmental proceeding, the Departmental Promotion Committee, taking into account the punishment order, did not recommend the petitioner’s name for grant of promotion from the post of Executive Engineer to the Superintending Engineer as he was found ineligible for promotion on account of the continuing effect of the punishment and therefore, he was not granted the benefits of promotion. Counsel further submits that a supplementary affidavit has been filed in this matter, and in view of the same, it is necessary for the State to file a supplementary counter- affidavit. Accordingly, counsel prays for some time to file the said supplementary counter-affidavit. 10. In light of the submissions made by the parties and upon perusal of the documents on record, it transpires to this Court that the State has taken a fair stand that whenever Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 7/10 the petitioner’s case was placed before the Department Promotion Committee then due to the punishment order, his name could not be recommended. However, it also transpires that the said consideration by the Departmental Promotion Committee was taken on 21.01.2011 and during that period the effect of punishment was continuing for the petitioner but that situation has ended in the year 2012. 11. It further transpires to this Court that after transfer of services of the petitioner to the Rural Works Department from where he superannuated. The Principal Secretary of the Rural Works Department has to take consideration of the petitioner’s case for promotion but perhaps due to the pendency of the present writ petition, his promotion could not be considered. 12. It also transpires to this Court that Bihar Government Servants (Classification, Control & Appeal) (Third Amendment) Rules, 2010 [hereinafter referred to as Rule of 2010] is clearly in favour of the petitioner whose Rule 2 (V) states as follows:- संचयी izHkko के साथ osruo`f);ksa को रोकना- ऐसी शाससस का izHkko आदेश सनररस की सससथ से होरा, अथारस् आदेश सनररस होने की Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 8/10 सससथ के बाद की osruo`f);¡k रोकी जायेरी अनुशाससनक izkf/kdkj दारा आदेश मे रोकी रई वासरक osruo`f);ksa की संखया का सपषट अंकन आवशयक होरा। शाससस का आदेश संसूसचस होने के पशचास् अरली osruo`f) की देय सससथ से osruo`f) रकी रहेरी। उदाहरणसवरप, यसद सकसी सरकारी सेवक की दो osruo`f);ksa संचयी प्रभाव के साथ ( अथारस संचयातमक izHkko से) रोकी जासी है सो इसका अथर यह होरा सक शाससस का आदेश संसूसचस होने के पशचास् अरली osruo`f) की देय सससथ से एक वर सक izFke osruo`f) सथा दूसरी देय सससथ से अरले एक वर सक दूसरी osruo`f) रकी रहेरी। सजसने वरोरं सक की शाससस रहेरी उसने ही वरोरं के osruo`f);ksa के सलए संचयी izHkko रहेरा, परनसु चूँसक शाससस संचयी izHkko के साथ है असः रोकी रई वेसनवृद्सधयाँ पूरी सेवाकाल सक के सलए रक जायेरी। ऐसी ससथसस मे रोकी रई osruo`f);ksa के बाद सीसरी osruo`f) की देय सससथ से रकी हुई दोनो osruo`f);ksa का izdze जोडे सबना osruo`f) के साथ वेसन का भुरसान होरा। इस शाससस के izHkko मे रहने की अवसध मे, अथारस् सजसने वरोरं सक osruo`f) रकी रहेरी उसने वरोरं सक, सकसी izdkj की izksUufr पर सवचार नहीं सकया जा सके रा। शाससस की अवसध समापस हो जाने के बाद ही देय सससथ से izksUufr पर सवचार समभव हो Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 9/10 सके रा। 13. Upon bare perusal of the said Rule, it transpires to this Court that due to the end of the effect of punishment and insertion of the Rule of 2010, new situation has arisen for the petitioner and according to consideration of the Rule 2(V) of the Rule of 2010, it transpires to this Court that the petitioner has now become entitled for its promotion on the post of superintending Engineer with the said effect and the petitioner’s case has not been considered due to the pendency of the writ petition. 14. As such, the writ petition is hereby allowed. Respondent No. 5 (The Secretary, Rural Works Department, Govt. of Bihar, Patna) is directed to consider the petitioner’s case for promotion to the post of Superintending Engineer from the date on which the effect of the punishment has ended and the Rule of 2010 became effective. 15. It is made clear that the entire exercise shall be completed within a period of three months from the date of receipt or production of a copy of this order. This Court is well aware of the fact that the petitioner has already superannuated in the year 2018, therefore, he shall be entitled to notional promotion to the post of Superintending Engineer Patna High Court CWJC No.14731 of 2016 dt.15-04-2025 10/10 with all consequential service benefits attached to such promotion, up to the date of his retirement. 16. It is further directed that the petitioner’s pension shall be revised accordingly, taking into account the notional promotion, and all consequential benefits, including arrears, shall be paid to him within a period of six months from today. Aman Kumar/- (Dr. Anshuman, J.) AFR/NAFR CAV DATE NA Uploading Date 18.04.2025 Transmission Date