Satyanarayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16681 of 2009 =========================================================== Satyanarayan Singh, S/O Late Paltan Singh, resident of Mohalla- New Colony, Pani Tanki Road, Khajekalan, P.S.Khajekalan, Distt- Patna .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Urban Development Department, Government of Bihar.

2. Patna Municipal Corporation, through the Chief Executive Officer, Patna

3. The Chief Executive Officer, Patna Municipal Corporation, Water Board Section Buddh Marg, Patna- Gaya Road, Patna .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Alok Ranjan, Advocate For the State : Mr. Sunil Kumar Mandal, S.C.-3 Mr. Bipin Kumar, Advocate For the P.M.C. : Mr. Yashraj Bardhan, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 10-04-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Patna Municipal Corporation.

2.

In this case, the petitioner is claiming the benefit of time bound promotion as well as the A.C.P.

3.

Learned counsel for the Patna Municipal Corporation submits that so far the extending the benefit of A.C.P. is not in dispute as the A.C.P. scheme has already been enforced for the employees of the Municipal Corporation, but there is a dispute about

the grant of benefit of time bound promotion. 4.

Learned counsel for the Patna Municipal Corporation further submits that the scheme of time bound promotion was not adopted for the employees of the Municipal Corporation and as such, the petitioner is not entitled to time bound promotion. 5.

However, the earlier judgment that has been passed by the Division Bench of this Court in L.P.A. No.25 of 2007 showing the applicability of the time bound promotion inasmuch as the order passed by the Single Bench in C.W.J.C. No.8517 of 2007 (Phool Chandra Ram vs. The Patna Municipal Corporation and Ors.), has been affirmed by the Division Bench in L.P.A. No.882 of 2014, indicative of the fact that the employees of the Municipal Corporation cannot be deprived of the time bound promotion and this issue is no longer res integra in view of successive judgment and the finality has been arrived as the same was not challenged before the higher Court.

6.

In such view of the matter, the petitioner also cannot be deprived of the benefit of time bound promotion as already the scheme of A.C.P. has been enforced in Municipal Corporation. Hence, this Court directs the Patna Municipal Corporation to grant

the benefit of time bound promotion as well as the A.C.P. to the petitioner within a period of three months from the date of receipt/production of a copy of this order.

7.

With the aforesaid observations and directions, this writ petition is allowed.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 11.04.2018 Transmission Date N/A.