On March 7, 2025, Supreme Court's Division Bench of Justices Vikarm Nath and Sandeep Mehta refused to interfere with the judgement dated September 13, 2024 delivered by Patna High Court's Division Bench of Justices P. B. Bajanthri and Alok Kumar Pandey in The State of Bihar & Ors. vs. Avinash Singh (2024). The latter was authored by Justice Bajanthri. The other six appellants were: Secretary Water Resources Department, Patna, Engineer-in-Chief Water Resources Department, Irrigation, Circle-2, Superintending Engineer, Water Resources Department, Irrigation, Circle-2, Jamui, Executive Engineer Water Resources Department, Irrigation Circle-2, Jamui and Treasury, Jamui. The Supreme Court's order stated that it is not inclined to interfere with the order of the High Court.
The State of Bihar had approached the High Court for condonation of delay of about 1 year and 8 months. The cause of action had accrued to it on August 30, 2019 in the light of order dated July 30, 2019 passed in C.W.J.C. No. 23282 of 2011. L.P.A. was filed on December 18, 2020 but it was not supported by I.A. for condonation of delay. The delay application was filed only on September 12, 2024. The Appellant, the State had prayed for a liberal and justice oriented approach in considering the causes behind the delay even though the same was unintentional, bonafide and caused by the reasons beyond the control of the appellant.
In Avinash Singh vs. The State of Bihar & Ors. (2019), Avinash Singh, the petitioner had challenged the order dated January 23, 2010 passed under the signature of Chief Engineer, Water Resources Department, Bhagalpur, whereby the time bound promotion granted to the petitioner with effect from March 1, 1991 was cancelled with retrospective effect and also ordered for recovery of the excess payment. The petitioner was initially appointed in work charge establishment with effect from March 7, 1973 on the post of Chowkidar (Guard) and subsequently, on December 14, 1974, the service of the petitioner was confirmed in the regular establishment. His services were regularised in Class-III Host. The petitioner was adjusted in the Class-III post on June 16, 1981. The petitioner was transferred to Ganga Pump Nahar Division, Sultanganj, Chief Engineer, Irrigation, Bhagalpur, accordingly his joining was accepted from June 26, 1981 and he started discharging duty. The services of the petitioner was confirmed on June 16, 1981 with the certain modification in Class-III post as Correspondent Clerk with effect from March 1, 1981 in the pay scale of Rs.155-190, accordingly vide letter dated March 14, 1985, the salary of the petitioner was refixed in the pay scale of Rs.284-324. The salary of the petitioner was revised from time to time, inasmuch as was granted the annual increment and was made Correspondent Clerk on March 1, 1981. After completion of 10 years of service, he was granted the bound promotion with effect from March 1, 1991. Later on, by Memo dated January 23, 2010, after delay of about twenty years, the benefit of time bound promotion has been withdrawn and by letter dated September 21, 2011, direction was given to recover the extra amount paid to the petitioner. By his judgement dated April 18, 2019, Justice Shivaji Pandey had set aside "the order for realisation of extra amount paid to the petitioner".
In its judgement dated September 13, 2024 delivered by Patna High Court's Division Bench observed: "Covid-19 period would not assist the State-Appellant for the reasons that cause of action accrued to the Appellant on 30th August, 2019. Covid-19 was in vogue from 20th March, 2020 to March 2022. Prior to 20th March, 2020, seven months’ time was available to the State-Appellant. Further, from March, 2022 till 12th September, 2024 there was inaction on the part of the Appellant-State. Resultantly, in not showing the cause for condonation of delay of about 01year and 08 months, I.A. No. 01 of 2024 stands rejected. Resultantly, L.P.A. No. 96 of 2021 stands dismissed."
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