CIVIL WRIT JURISDICTION CASE No.1233 OF 1997 In the matter of an application under Article 226 of the Constitution of India. --------- 1. Surendra Prasad Singh, S/o Late Deonandan Singh, Record Keeper in Patna Water Board, Patna, resident of Mohalla Dujra, P.S. Budha Colony, District Patna 2. Surendra Prasad Kushwaha, S/o Baldev Mahto Draftsman, Patna Water Board, Patna, resident of village Biyavani, P.S. Deep Nagar, Distt. Nalanda 3. Ram Lakhan Jamadar, S/o Late Chamru Jamadar Assistant in the Patna Water Board, Patna, R/o village Nonia Chak, P.S. Sigori, Distt Patna 4. Damodar Prasad Singh, S/o Sri Madan Mohan Singh, Assistant in the Patna Water Board, Patna-1, R/o village Bakharapur (West), P.S. Barhara, District Bhojpur (Arrah) 5. Pradyumna Sharma, S/o Late Girija Nandan Sharma, Accountant in the Patna Water Board, Patna-1, R/o village Noawan, P.S. Sakurabad District Jehanabad -------------Petitioners Versus 1. The State Of Bihar through the Secretary, Urban Development Department, Govt. of Bihar, Patna, New Secretariat, P.S. Sachivalaya, Dist. Patna 2. The Administrator, Patna Municipal Corporation, Patna, Patna Water Board, Patna, Opposite G.P.O., Patna-1, P.S. Kotwali, Dist. Patna 3. The Executive Officer, Patna Water Board, Patna-1 4. State Election Commission through its Commissioner, Patna, Old Secretariat, Patna ---------------------------- Respondents For the Petitioner : Mr. Bindhyachal Singh, Advocdate For the Patna Municipal Corporation :Mr. Chandra Shekhar, Senior Advocate & Dr. Poonam Kumari, Advocate P R E S E N T THE HON'BLE MR. JUSTICE V.N. SINHA V.N. Sinha,J. Heard learned counsel for the parties. 2 2. Petitioners are the employees of the Patna Water Board, an unit of the Patna Municipal Corporation (hereinafter referred to as the PMC). They have filed the writ petition for a direction to the authorities of the PMC, Water Board to grant them the benefit of 1st , 2nd time bound promotion as also to pay them the arrears of difference of salary pursuant to such promotion, as has been allowed in the case of Sajjan Prasad and another under orders dated 1.5.2006, passed in C.W.J.C. No. 14433 of 2004 against which PMC filed L.P.A. No. 25 of 2007, which was dismissed under orders dated 23.11.2007. After dismissal of the L.P.A. No. 25 of 2007 under orders dated 23.11.2007, Sajjan Prasad and another filed M.J.C. No. 74 of 2007, which was disposed of by this Court under orders dated 14.5.2008 in following terms: “ From the supplementary show cause filed on behalf of the Corporation it appears that the financial status of the Corporation is not sound as against the projected collection of Rs. 50 crores and odd they are able to collect only Rs. 5 crore and odd and in view of such precarious financial position of the Corporation the arrears of the second time bound promotion to the petitioner could not be paid, which the authorities of the Corporation by filing supplementary show-cause have undertaken to pay no sooner the aid in-grant is received from the State Government. 2. In the light of the statement made in the 3 supplementary show-cause this contempt application is disposed of.” 3. Sajjan Prasad and another challenged the aforesaid order dated 14.5.2008 passed in M.J.C. No. 74 of 2007 before the Hon’ble Supreme Court in Special Leave to Appeal (Civil) No(s). 30168 of 2008, which was considered by the Hon’ble Supreme Court under orders dated 1.9.2010 and the following order was passed: “Heard learned counsel for the parties and perused the record. The authorities of Patna Municipal Corporation are directed to comply with the direction given by the Division Bench of the High Court vide order dated 23.11.2007 passed in L.P.A. No. 25 of 2007. Within two weeks, the Chief Executive Officer of the Municipal Corporation should file an affidavit along with relevant documents to show compliance of the order of the Division Bench of the High Court. List after two weeks.” 4. The issue involved in the present writ petition i.e. direction for grant of time bound promotion and consequential benefit arising therefrom is also the issue involved in the Special Leave to Appeal (Civil) No(s). 30168 of 2008 pending before Hon’ble Supreme Court. Accordingly, the writ petition is disposed of with direction to the PMC that after disposal of the Special 4 Leave to Appeal (Civil) No(s). 30168 of 2008 by the Hon’ble Supreme Court, the case of the petitioner for grant of time bound promotion and payment of consequential benefit shall be considered on same terms which is contained in the final orders passed in Special Leave to Appeal (Civil) No(s). 30168 of 2008. If ultimately, the time bound promotion is allowed to the employees of the PMC, such benefit shall also be taken into account for calculating their terminal benefits. Patna High Court Dated 21st September, 2010 NAFR( Arjun) ( V. N. Sinha, J.)