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Patna High Court - Orders

Bihar State Housing Board & Ors vs Krishna Kumar Dokania & Ors on 5 December, 2012

Bench: Chief Justice, Ahsanuddin Amanullah

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Letters Patent Appeal No.489 of 2011
                                      In
                Civil Writ Jurisdiction Case No. 8433 of 2010
                                    With
                 Interlocutory Application No.2204 of 2011
                                    With
                 Interlocutory Application No.2205 of 2011
                                      In
                   Letters Patent Appeal No.489 of 2011
======================================================
1. Bihar State Housing Board, Patna through its Chairman having its office
6, Birchand Road, P.S. Sachivalaya, Distt. Patna.
2. The Managing Director, Bihar State Housing Board, Patna having its
office at 6, Birchand Road, P.S. Sachivalaya, Distt. Patna.
3. The Secretary, Bihar State Housing Board, Birchand Patel Raod, P.S.
Sachivalaya, Distt. Patna.
                                             .... ....   Respondents-Appellants
                                    Versus
1. Krishna Kumar Dokania S/O Late Bihari Lal Dokania Resident Of Flat
No. C-210, Shanti Vihar Apartment, Fraser Road, Patna, P.S. Kotwali,
Distt. Patna.
                               ....      ....       Petitioner-Respondent 1st Set
2. The State of Bihar, through Principal Secretary, Urban Development and
Housing Department, Government of Bihar, P.S. Sachivalaya, Thana, Distt.
Patna.
3. The Deputy Secretary, Urban Development and Housing Department,
Government Of Bihar, Patna.
4. The Principal Secretary, Finance Department, Government of Bihar,
Patna.
                                    .... .... Respondents-Respondents 2nd Set
======================================================
Appearance :
For the Appellants       :     Mr. Ram Kishore Singh, Advocate
 2        Patna High Court LPA No.489 of 2011 (8) dt.05-12-2012

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                 For the Respondent No.1:          Mr. Shambhoo Prasad Barnwal, Advocate
                                                   Mr. Vishwambhar Prasad, Advocate
                 For the Respondent State :        Mr. P.K. Verma, AAG-5
                                                   Mr. Jahan Ara, A.C. to AAG-5
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                             and
                             HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
                 ORAL ORDER
                 (Per: HONOURABLE THE CHIEF JUSTICE)


8. 5-12-2012

Interlocutory Application No.2204 of 2011:

The delay of 196 days occurred in filing the Letters Patent Appeal is condoned.

Interlocutory Application stands disposed of. Letters Patent Appeal No.489 of 2011 & Interlocutory Application No.2205 of 2011:

Feeling aggrieved by the order dated 22nd June 2010 made by the learned single Judge in C.W.J.C. No. 8433 of 2010, the respondent Bihar State Housing Board has preferred this Appeal under Clause 10 of the Letters Patent.

The matter at issue is grant of monetary benefits to the writ petitioner consequent to his retrospective promotion to the higher post. It appears that the writ petitioner was an Assistant Engineer in the appellant Housing Board. He was allowed to function as Incharge Executive Engineer since 1991. By order dated 22nd January 2004, the writ petitioner was promoted to the post of Executive Engineer with effect from 1 st January 1993. However, he was allowed to draw the pay of the Executive Engineer from the date of his actual promotion. Since promotion in January 2004, the writ petitioner retired from 3 Patna High Court LPA No.489 of 2011 (8) dt.05-12-2012 3/4 service in November 2004. He approached this Court in 2011 for recovery of the amount of difference in salary for the period from 1st January 1993 till the date of his actual promotion. The learned single Judge has upheld the claim. Therefore, this Appeal.

Learned advocate Mr. Ram Kishore Singh has appeared for the appellants. He has relied upon the Government Circular dated 28th December 2005. He has submitted that according to the subsisting policy of the State Government, in case of promotion of a Government servant, he is entitled to the pay of the higher post only from the date he is actually promoted.

It is apparent that the writ petitioner has approached this Court after considerable delay. The explanation for delay given in paragraph 10 of the writ petition is hardly palatable. It is apparent that feeling encouraged by the order dated 18 th August 2008 made on C.W.J.C. No. 5590 of 2006, the writ petitioner approached this Court in 2010. The Petition was, therefore, required to be dismissed on the ground of delay, laches and acquiescence.

Learned advocate Mr. Ram Kishore Singh has not been able to explain to the Court why the writ petitioner was allowed to hold the post of Executive Engineer as an Incharge Executive Engineer since 1991 to 2004 and why he could not have been regularly promoted on the due date of 1st January 1993 or soon thereafter.

In absence of any explanation coming forth from the appellants, we do not intend to interfere with the order of the learned single Judge.

Appeal is dismissed in limine.

Interlocutory Application stands disposed of.

(R.M. Doshit, CJ) (Ahsanuddin Amanullah, J) Pawan/-