IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1888 of 2007 RAMESH KUMAR CHOUDHARY Versus THE BIHAR STATE PHARMACEUTICAL AND CHEMICAL DEVELOPMENT CORPORATION, PATNA LTD. ----------- 3/ 22/9/2008. Heard learned counsel for the petitioner and for the respondent Bihar State Pharmaceutical and Chemical Development Corporation. The petitioner was appointed as an electrician in the Corporation on 12.8.1984. He seeks the relief of grant of 1st time bound promotion after ten years. The submission is of his eligibility for consideration in 1994. Notwithstanding the same, even while he has not been considered, his juniors who became eligible for such benefit as late as in 1996 have been granted 1st time bound promotion by order dated 13.3.2000, at Annexure-4. The counter affidavit of the respondents in response to the same states that it has no comments to offer. The only ground urged is a ban on such promotion by the Industries Department on 25.7.1998 and the poor financial situation of the Corporation. The petitioner becomes entitled to such consideration in 1994. Any ban in 1998 can only be prospective and the respondents cannot be permitted to take advantage of non-consideration of the case of the - 2 - petitioner by them in time. Discrimination has also been noticed. Violation of a fundamental right cannot be countenanced on the plea of paucity of fund. If the Corporation is a business enterprise it is required to function as a business enterprise or wind it up. Let such consideration be done and the monetary benefits be paid to the petitioner from the date that his juniors have been granted, 1st time bound promotion within a maximum period of three months from the date of receipt/production of a copy of this order. The writ application stands allowed. KC ( Navin Sinha,J )