- (1.) Petitioner by way of filing this writ petition under Article 226 of the Constitution of India has prayed for issuance of appropriate writ, order or direction, directing the respondents to give effect of promotion to the post of Superintending Engineer w.e.f. 21.4.2003 i.e. the date on which the respondent Nos. 5 to 9, who are juniors to the petitioner have been promoted to the post of Superintending Engineer with all consequential benefits.
(2.) It is the case of the petitioner that he was initially appointed as Engineer Assistant in February, 1970 under the respondents after following due procedure and subsequently promoted to the post of Assistant Engineer on 22 nd of June, 1974. Thereafter on due recommendation of Bihar Public ServiceCommission, petitioner has been promoted to the post of Executive Engineer w.e.f. 30 th of June, 1987. According to the petitioner, his promotion fell due in 1994 for the post of Superintending Engineer as required length of service as Executive Engineer is seven years, but the petitioner has been punished in a departmental proceeding vide order No.978 dated 2.9.1998, whereby recovery of Rs. 90,750/- from the salary of the petitioner as well as stoppage of promotion for five years from due date of promotion have been inflicted upon the petitioner.
(3.) Learned counsel for the petitioner submitted that the petitioner has challenged the said order of punishment by way of preferring W.P.(S) No. 4519 of 2003 and therefore, if the petitioner succeeds in that writ petition, as a consequential relief, petitioner will also be entitled to get the benefit of promotion from the due date, meaning thereby, the date on which the officers junior to the petitioner have been promoted to the post of Superintending Engineer vide order dated 21.4.2003.;