HC paves way for promotion of govt employees in Bihar

Paving the way for promotions for government employees, the Patna High Court today quashed the Bihar government's resolution putting a ban on consideration for promotion across the board in the state.
The court passed the judgment on a bunch of petitions seeking direction to the government for their promotion which they said they were not getting despite being recommended by Departmental Promotion Committee (DPC).
The state government's General Administration Department (GAD) had on August 12, 2014 passed an order through a resolution that put a ban on consideration for promotion across the board in the state till the final resolution of an SLP in the apex court.

"Since things have come to a standstill since August, 2014 in matters of grant of promotion and further since the court does not find any judicial reason to allow the General Administration Department to continue with the order dated 12/08/2014 to occupy the field, the Court is left with no option but to quash the order" issued on that date, Justice Ajay Kumar Tripathi said in the order.
The directive further clarified that no order passed by GAD will come in the way for promotion, either recommended by DPC or claims of any government servant.
The court made it clear that the GAD order will not come in the way for either consideration or implementation of the recommendation of the DPC or other claims of promotion by a government servant of the state, "if they are otherwise eligible for such consideration," it said.

It also made it clear that order of the high court will be subject to the final outcome of the Supreme Court in the matter.

With regard to the resolution issued by Bihar government on January 28, 2012 giving giving benefit to SC/ST candidates even in promotion and seniority, the bench said that resolution passed by the state government is non-existent.
This means that candidates of SC/ST categories would not get benefit of quota in promotions.
The single judge bench of the high court had quashed the resolution (giving benefit to SC/ST candidates even in promotion and seniority) holding it to be unconstitutional.

The decision was later upheld by the division bench of the high court.