IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2643 of 2007 RAJJAN SINGH @ RANJAN SINGH, SON OF LATE RAM RATAN SINGH RESIDENT OF VILLAGE POTHAHI, P.O. BASUHAR, P.S. PUNPUN, DISTRICT PATNA, PRESENTLY WORKING AS JUNIOR MECHAINIC GRADE-2 UNDER EXECUTIVE ENGINEER (MECHAINICAL), ROAD CONSTRUCTION DIVISION, ARRAH. Versus 1. THE STATE OF BIHAR 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. 3. THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN, PATNA. 4. THE CHIEF ENGINEER (MECHAINICAL) MECHAINICAL WING, ROAD CONSTRUCTION DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN, PATNA. 5. THE ENGINEER IN CHIEF CUM ADDITIONAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, BIHAR, VISHWASARAIA BHAWAN, PATNA. 6. THE SUPERINTENDING ENGINEER, MECHAINICAL CIRCLE ROAD CONSTRUCTION DEPARTMENT, VISHWASARAIA BHAWAN, PATNA. 7. THE EXECUTIVE ENGINEER (MECHAINICAL) MECHAINICAL DIVISION, ROAD CONSTRUCTION DEPARTMENT, ARRAH, NEAR HEAD POST OFFICE, ARRAH. 8. THE FINANCE SECRETARY, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA. ---------------- 03. 30.08.2011 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the office order no.40 bearing Memo No.239 dated 17.10.2006, Annexure-3 whereunder the Superintending Engineer, Mechanical Circle, Road Construction Department, Patna has cancelled the promotion granted to the petitioner on the post of Junior Mechanic Grade II and 2 allowed him first, second time bound promotion with effect from 1.4.1981, 21.03.1991 respectively in the scale admissible to Mechanic Helper on the ground that promotion of the petitioner on the post of Junior Mechanic Grade II was made while he remained in the work charge establishment and no promotion is permissible to the employee, who remains in the work charge establishment. 3. Counsel for the petitioner submitted that the very foundation of the order dated 17.10.2006, Annexure-3 that promotion of the petitioner on the post of Junior Mechanic Grade II was allowed when he was in the work charge establishment is incorrect. In this connection, it is pointed out that petitioner along with others was regularized in the regular establishment on the post of Mechanic Helper under order bearing Memo No.1276 dated 4.5.1979 with effect from 1.10.1978, Annexure-1. After regularization of the petitioner in the regular establishment on the post of Mechanic Helper with effect from 1.10.1978 his case was considered for grant of promotion as Junior Mechanic Grade II under office order no.296 dated 3 8.9.1979 bearing Memo No.2413 dated 8.9.1979, Annexure-2 and petitioner along with others was allowed promotion as Junior Mechanic Grade-II with effect from 1.10.1979. It is thus evident that petitioner was allowed promotion as Junior Mechanic Grade II under Memo No.2413 dated 8.9.1979 with effect from 1.10.1979 after he was already regularized in the regular establishment under order dated 4.5.1979 with effect from 1.10.1978. In the circumstances, impugned order dated 17.10.2006 Annexure-3 cancelling the promotion of the petitioner suffers from the vice of arbitrariness and is, accordingly, quashed. Petitioner having superannuated during the pendency of the writ petition i.e. 30.09.2007, the Superintending Engineer is directed to ensure payment of the retiral dues treating the petitioner to have superannuated on the post of Junior Mechanic, Grade-II after granting him all consequential relief. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V. N. Sinha, J.)