RADHEY SHYAM SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner while challenged the proceeding of Departmental Promotion Committee (D.P.C.) dated 30.6.1998, also prayed for direction on the respondents to consider his case for promotion to the post of Addl. Director w.e.f. 11.1.1988 and to the next higher post of Director w.e.f. 1.8.1989 and to provide the consequential benefit.

(2.) THE fact, as admitted, show that the petitioner having appointed in Bihar Animal Husbandry Service Class -l on 6.7.1966, was placed at serial no. 37 of the final gradation list published on 7.5.1975. He was promoted to senior selection grade scale w.e.f. 1.1.1977 by an order dated 21.11.1985 which was subsequently changed and given effect from 1.2.1983 vide notification dated 3.12.1987. The date of promotion to senior selection grade was again shifted back from 1.2.1983 to 1.4.1981 vide notification dated 8.1.1988 which was the reason for petitioner to move this Court in C.W.J.C. No. 6230/89. The said case was allowed vide judgment dated 17.12.1990 and the notifications dated

(3.) 11.1987 and 8.1.1988 were quashed. One Dr. Ram Raj Ram moved before the Supreme Court against the judgment of this Court in S.L.P. wherein order of status quo was passed on 15.4.1991 and on admission it was numbered as Civil Appeal Nos. 1894 & 1895/ 91. The aforesaid appeals were dismissed by the Supreme Court on 2.5.1996 and judgment was upheld on 2.5.1996 but petitioner without getting any advantage of such judgment had to superannuate from service of the State on 30.6.1996, having attained the age of retirement. 3. The respondents, after retirement of petitioner, reconsidered the matter of promotion to senior selection grade and super time scale which was allowed vide order dated 30.12.1996. Subsequently, the State requested B.RS.C. for promotion of petitioner to the post of Addl. Director w.e.f. 11.1.1938 and to the post of Director w.e.f. 1.8.1989 vide letter dated 13.2.1997 but no decision was communicated by B.P.S.C. The petitioner had to move this Court by filing a petition for contempt, whereinafter the D.P.C. held meeting on 7.2.1998 but adjourned the matter for finalisation of the gradation list. The gradation list, thereafter was published vide letter no. 1761 dated 24.4.1998, whereinafter the State requested the B.P.S.C. to hold meeting of D.P.C. The said D.P.C. in its meeting dated 30.6.1998 having rejected the claim of petitioner, the proceeding is under challenge.