Gulab Chand Seth and Others vs The Bihar State Electricity Board and Others

D.N. Patel

Counsel for the petitioners submitted that the main grievance ventilated in this petition for promotion of the petitioners have been granted, during pendency of this writ petition. Nonetheless, one grievance which is still left out to be decided by the respondents is the notional date of promotion. Actual date of promotion, which was given to the petitioners, is dated 2nd June, 2005 whereas, the petitioners are demanding the notional date of promotion on the post of Junior Electrical Engineer from 9th May, 2003 and therefore, let this issue of fixing the notional date of promotion be remanded for afresh decision by respondent no. 6 within the stipulated time, in accordance with law.

Counsel for the respondents submitted that they have no much objection if a direction is given to respondent no. 6 to decide the notional date of promotion of the petitioners, within the stipulated time, in accordance with law.

Having heard counsel for both the sides and looking to the limited submissions, I hereby, direct respondent no. 6 to decide the issue raised by the petitioners about their notional date of promotion on the post of Junior Electrical Engineer, as stated hereinabove. The decision will be taken by respondent no. 6 in accordance with law, rules, regulations, policies and enforceable government orders, applicable to the petitioners and also keeping in mind the constitutional provisions, as expeditiously as possible and practicable, preferably within a period of twelve weeks from the date of receipt of a copy of an order of this Court.

If the decision is taken in favour of the petitioners, necessary orders will be issued within a period of four weeks for grant of notional date of promotion with all consequential benefits.

This writ petition as well as the interlocutory applications are disposed of, in view of the above observations.