IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1480 of 2004 RAM LAKHAN PASWAN, SON OF LATE KHARO PASWAN, RESIDING AT- MITRA MANDAL COLONY, PHASE NO. 2, NEAR BY ANISHABAD, P.S.- PHULWARI SHARIF, DISTRICT- PATNA :---- PETITIONER. Versus 1. THE BIHAR STATE ELECTRICITY BOARD, THROUGH ITS CHAIRMAN, VIDUT BHAWAN, BAILEY ROAD, PATNA. 2. THE CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 3. THE SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 4. THE JOINT SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 5. THE UNDER SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 6. LAW ADVISER-CUM-DEPUTY SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 7. THE SENIOR LAW ADVISER-CUM-ADDL. SECRETARY, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 8. THE DEPARTMENTAL PROMOTION COMMITTEE, THROUGH ITS CHAIRMAN, BIHAR STATE ELECTRICITY BOARD, BIHAR, PATNA. 9. THE FINANCIAL CONTROLLER, BIHAR STATE ELECTRICITY BOARD, VIDUT BHAWAN, BAILEY ROAD, PATNA. 10. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY, BIHAR, PATNA. ----------- 5. 16.11.2010. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Electricity Board (hereinafter referred to as the “Board”). 2. Petitioner superannuated while discharging the duties of Deputy Law Advisor in the pay-scale of Rs. 3200-4700/- with effect from 31.01.2000. He has filed this writ petition praying, inter alia, to quash the order dated 7th January, 2004, Annexure-9, whereunder his request for promotion on the post of Deputy Law Advisor has been rejected on account of adverse remarks - 2 - recorded in his A.C.R. for the year 1996-97, 1997- 98. It is submitted on behalf of the petitioner that his case for promotion on the post of Deputy Law Advisor was considered by the Departmental Promotion Committee of the Board in their meeting held on 25.08.1990 in which petitioner was found fit for such promotion but was not granted promotion as he did not complete the Kalawadhi required for such promotion. The proceedings of the departmental proceeding held on 25.08.1990 is annexed with the petition as Annexure-1. As the petitioner had not completed the Kalawadhi for promotion on the post of Deputy Law Advisor the Board issued notification dated 03.04.1991, Annexure-2 directing the petitioner to hold current charge of the post of Deputy Law Advisor and posted him as Deputy Law Advisor current charge, South Bihar, Chhotanagpur Area Electricity Board, Ranchi in the pay-scale of Rs. 3200-4700/-. The notification is contained in Annexure-2 to this application. The case of the petitioner for promotion on the post of Deputy Law Advisor was again considered by the Departmental Promotion Committee on 18.07.1998 and his promotion was kept pending keeping one post reserved for him. Notwithstanding the aforesaid - 3 - recommendation of the Departmental Promotion Committee reserving one post for the petitioner he was allowed to continue as Deputy Law Advisor. While functioning as Deputy Law Advisor petitioner superannuated with effect from 31.01.2000. It is, thus, evident that with effect from 03.04.1991 till the date of superannuation of the petitioner on 31.01.2000 he has discharged the duties of the Deputy Law Advisor but according to the petitioner he has been paid the salary of the Law Officer. After his retirement petitioner approached this Court in C.W.J.C.No. 8744 of 2003 praying, inter alia, to direct the authorities to consider his case for promotion on the post of Deputy Law Advisor as he continued to discharge the functions of the Deputy Law Advisor for the period between 03.04.1991 till 31.01.2000, the date of his retirement. This Court under orders dated 27.08.2003, Annexure-7 directed the authorities of the Board to consider the case of the petitioner for such promotion. In compliance of the orders of the High Court the Board considered the case of the petitioner for promotion and rejected the same under the impugned order dated 7th January, 2004, , Annexure-9 holding that he is unfit for such promotion in view of the A.C.R. recorded - 4 - against him for the years 1996-97, 1997-98. 3. From the counter affidavit it appears that the A.C.R. of the Board for the years 1996-97, 1997- 98 was recorded on 10.10.1998 and was also communicated to the petitioner under letter of the same date which is contained in Annexure-C. Even after recording of the A.C.R. for the years 1996-97, 1997-98 and communication thereof to the petitioner under letter dated 10.10.1998 he was allowed to discharge the duties of the Deputy Law Advisor and while discharging such duties he superannuated with effect from 31.01.2000. In the circumstances, the authorities having taken the work of Deputy Law Advisor from the petitioner and having not paid him the salary of such post, such conduct of the authorities is infracting Articles 14 and 23 of the Constitution of India as it is the duty of the employer to pay the salary of the post on which the employee is serving. 4. Accordingly, I dispose of this writ petition directing the authorities of the Board to pay the petitioner arrears of difference of salary of the Deputy Law Advisor with effect from 03.04.1991 until the date of his retirement i.e. 31.01.2000 as also to grant him consequential retiral benefits, if not - 5 - he has already been paid salary of the post of Deputy Law Advisor, as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order. P.K.P. (V.N.Sinha,J.)