Patna High Court Questions State's Policy On Promotion Of Welfare Department Employees

Observing that transferring the employee from the post of In-Charge, District Welfare Officer to the position of Block level Welfare Officer was malafide, the Patna High Court directed the State to immediately reinstate the person to the previous position and also ordered it to initiate the process of promotion as per the Cadre Rules, 2010.

"In case, the petitioner is found entitled for promotion, the same be allowed to him within a period of three months from the date of receipt/production of a copy of this order," said Justice Rajeev Ranjan Prasad.

The court said in case, there is no promotional avenue available to the petitioner, his case for grant of ACP/MACP be considered keeping in view the judgment of the  Division Bench in The State of Bihar and Ors. Vs. Sri Ram Subhag Singh.

Rajani Kant Ojha, an employee of Welfare Department, sought a writ of certiorari against the order transferring him from the post of In-Charge District Welfare Officer, Shivhar, to the post of Block Welfare Officer, Arwal, with deputation in the office of Deputy Director, Welfare, Patna.

The petitioner contended that he had not received any regular promotion or benefits of Assured Career Progression/Modified Assured Career Progression (ACP/MACP) in his 30 years of service while his junior colleagues had been promoted. He alleged that the department selectively posted junior officers to higher positions within the Block Welfare Cadre.

Advocate Bipin Bihari Singh, the counsel for the petitioner, submitted that as per the Cadre Rules, also known as Bihar Scheduled Caste and Scheduled Tribe Welfare Officer Cadre Rules, 2010, there are promotional avenues available to the petitioner but the Department did not consider the case of the petitioner for promotion.

The State in response argued that the petitioner was transferred due to administrative exigencies and the interest of government work. It acknowledged that the petitioner was entitled to the pay scale applicable to transferred officers, but not to the pay scale of a regular promotional post. The State further admitted that the petitioner remained substantively a Block Welfare Officer and had not been granted any promotion.

Justice Prasad noted that there was no denial of the statement of the petitioner that the Department was engaged in posting of the officers in the Block Welfare Officer Cadre on pick and choose basis.

The bench further noted that instead of granting regular promotion to the eligible officers from the cadre, the Department was making some of them as In-Charge and in the process, the persons junior to the petitioner have been made In-charge of the post of Deputy Director.

“In such circumstance the posting of the petitioner from the post of District Welfare Officer where he was discharging his duty as In-Charge, District Welfare Officer to the Block level Welfare Officer is malafide, it amounts to lowering down the petitioner from enjoying a status where he was discharging duty of a higher post, this has to be seen in the background of the fact that the juniors to him have been made In-Charge of the District Welfare Officer post. It is not the case of the respondent that the petitioner is not eligible to be considered for the promotional post,” Justice Prasad said.

Case Title: Rajani Kant Ojha vs. The State of Bihar and Ors Civil Writ Jurisdiction Case No.12307 of 2022

Appearance :

For the Petitioner/s : Mr. Bipin Bihari Singh, Advocate Mr. Uday Shankar Pandey, AdvocateFor the Respondent/s : Mr. Md. Raisul Haque, SC-10

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