LAWS(PAT)-2003-5-45

CHANDRA SHEKHAR ROY Vs. BIHAR STATE ELECTRICITY BOARD

Decided On May 12, 2003
Chandra Shekhar Roy Appellant
V/S
BIHAR STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THE delay in filing the appeal is condoned.

(2.) THIS letters patent appeal has been against the order dated 4 February, 2003 on CWJC. No. 2183 of 2001: Chandra Shekhar Roy V/s. The Bihar State Electricity Board & Ors.

(3.) IN 1988 in pursuance of an office order no. 5153 dated 23 August, 1988 several persons received promotion to the post of Junior Accounts Clerk/Bill Clerk provided they had completed 12 years of service as on 31 March, 1986. This was meant for such of those employees who had not passed the departmental examination permitting promotion to a higher post. It needs to be kept in mind that all these persons were Accountants in a specialist cadre. Such persons who had been given an exemption to receive promotion and even in this exemption persons had to be found fit to receive promotion sans qualification. even these promotions were to be on the vacant sanctioned posts. Further, this promotion permitted, on the ground of exemption did not give right to such persons on seniority. The promotion was an exception not the normalcy of the situation.