CIVIL WRIT JURISDICTION CASE No.11543 OF 1996 In the matter of application under Article 226 of the Constitution of India. DEVENDRA PRASAD SINHA, SON OF LATE RAM KRIT SIINHA, RESIDENT OF CHADUARA, POLICE STATION POONPOON, DISTRICT PATNA, PRESENTLY POSTED AS HEAD CLERK, ELECTRIC SUPPLY DIVISION, PATNA ELECTRIC SUPPLY UNDERTAKING, PATNA. --------------------(Petitioner) Versus 1. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, PATNA. 2. THE DIRECTOR OF PERSONNEL, PERSONNEL DEPARTMENT, BIHAR STATE ELECTRICITY BOARD, PATNA. 3. THE SENIOR LAW ADVISOR-CUM-UNDER SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 4. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 5. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, PATNA. 6. THE GENERAL MANAGER-CUM-CHIEF ENGINEER, CENTRAL BIHAR AREA ELECTRICITY BOARD, PATNA. 7. THE ELECTRIC EXECUTIVE ENGINEER, CONSTRUCTION DIVISION, PATNA ELECTRIC SUPLY UNDERTAKING, PATNA. 8. THE ELECTRICAL EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, PATNA CITY, PATNA. 9. THE ELECTRICLA EXECUTIVE ENGINEER, ELECTRIC SUPPLY DIVISION, RAJENDRA NAGAR, PATNA. 10. THE ELECTRICAL SUPERINTENDING ENGINEER, PATNA ELECTRIC SUPPLY UNDERTAKING(EAST) DIVISION, ASHOK RAJPATH ,PATNA -----------------(Respondents) ----------- For the Petitioner : Mr. D.K.Sinha, Sr. Advocate. For the Board : M/s Vinay Kirti Singh, Vijay Kumar Verma, 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 petitioner and the counsel for the Bihar State Electricity Board(hereinafter referred to as the Board). 2. This writ application has been filed praying inter alia to direct the authorities of the Board to consider the case of the petitioner for promotion on the post of Head Clerk with effect from 4.6.1973 and - 2 - on the post of Office Superintendent with effect from 2.5.1979 as also to pay him the arrears of difference of salary of the two post with effect from the date he is granted promotion on the two post as also to pay him the difference of arrears of retiral benefits taking into account the two promotion. Earlier prayer of the petitioner for such grant was refused by the Board considering his name in the two gradation list dated 18.5.1976 and 12.5.1986. Petitioner filed title suit to declare the gradation list dated 18.5.1976 and 12.5.1986 as illegal and viod. 3. It appears from judgments dated 26.6.1981 and 17.8.1990 passed in Title Suit Nos.37 of 1977/88 of 1977 and 49 of 1986, Annexures-2 and 3 that the two gradation list dated 18.5.1976 and 12.5.1986 have been declared to be illegal and void. Even after declaration granted by the competent civil court under judgment Annexures-2 and 3 the case of the petitioner for grant of promotion on the post of Head Clerk and Office Superintendent is not being considered by the authorities of the Board as petitioner failed to produce his service book. Employee is not the custodian of the service book as such, failure of the petitioner to produce his service book cannot be a ground for the authorities not to consider his case for promotion. 4. Accordingly it is directed that the case of the petitioner for promotion on the post of Head Clerk with effect from 4.6.1973 and if such promotion is allowed then on the post of Office Superintendent with effect from 2.5.1979 be considered by the authorities of the Board in accordance with law, as early as possible, in any case within - 3 - two months from the date of receipt/production of a copy of this order before the Secretary of the Board and if such promotion is allowed arrears of difference of salary of the promoted post also be paid to the petitioner within the same time including revision of pensionary benefit. This order has been passed on the undertaking of the counsel for the petitioner Sri Devendra Kumar Sinha, senior advocate that for similar relief no other title suit is pending before the civil court. 5. The writ application is, accordingly, disposed of. Patna High Court, Patna Dated the 20th July, 2010 NAFR/Rajesh (V.N.Sinha, J.)