MOHAMMAD HASNAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties.

(2.) PETITIONERS are Inspectors in the police service of Government of Bihar. It appears that they had been denied confirmation from due date and for that they had to move this Court and by judgment and order dated 6.5.1997 of this Court, reported in 1997(1) PLJR 996, the matter was remitted back to the authorities for considering their confirmation from due date. Subsequently, by Annexure - 7. dated 27.9.1997 the petitioners ' grievance was rectified and their placement in the seniority list of Inspectors on the basis of their due date of confirmation was also corrected. As a consequence of such correction of their placement in the seniority list prepared on the basis of date of confirmation, the petitioner no.1 was placed at serial 105 ka and was, therefore, senior to one Sudhir Kumar Singh and others who were promoted to the post of Dy.S.P. by Annexure -9 in December 1994. Similarly, petitioner no.2 was placed at serial 101 ka and thus, became senior to one Imran Hassan, who had been promoted to the post of Dy.S.P. on 6.6.1994 by Annexure -8.

(3.) THEREAFTER it appears that in another writ proceeding a judgment was passed on 7.3.1995 wherein a single Judge of this Court took the view that for the purpose of promotion to the post of Dy.S.P. a joint selection list should be prepared not on the basis of date of confirmation but on the basis of continuous officiation. The State of Bihar took a policy decision in view of such decision of this Court and issued a circular dated 17.10.1998 (Annexure -13) which contains provision for preparation of joint gradation list on the basis of continuous officiation. This change of policy for preparation of gradation list is the reason given for not granting promotions to the petitioners.