STATE OF BIHAR Vs. KAMTA PRASAD

JUDGEMENT

(1.) THIS Letters Patent Appeal arises from the judgment of the learned single Judge in CWJC No. 1117. of 1998.

(2.) THE writ petitioner, Kamta Prasad, filed the above noted case seeking necessary direction for payment of salary of the post of Inspector from 19.11.82 to 30.11.85 and retiral dues with interest. He had earlier filed CWJC No. 9989 of 1995 seeking direction for his promotion to the rank of Inspector of Police. The said writ petition was disposed of with favourable directions. In view of the direction, the Director General 'sBoard considered the case of the writ petitioner on 6.3.97, and on 3.5.97 he was promoted with effect from 19.11.82. Earlier on 1.4.97 his seniority as Sub - Inspector of Police was revised. He was later confirmed in the post of Inspector with effect from 30.4.88. In the meantime he had superannuated from service on 30.11.95. From the records it appears that although the writ petitioner was granted promotion in the rank of Inspector of Police, he could not be paid the arrear of salary as post was not available during the relevant period from 19.11.92. In the circumstances, though on 19.11.96 provisional pension @ 90% was fixed vide Special Branch order No. 241/96, the final determination of the retiral dues remained stagnant. Besides non -availability of the post in the rank of Inspector, problem also had arisen relating to conversion of the post of Sub - Inspector of Police held by the writ petitioner to a Selection Grade post on account of revision of seniority. The appellants in their counter affidavit filed before the learned Single Judge gave details of the steps taken to give full effect to the promotion granted to the writ petitioner in the rank of Inspector of Police, fix his pension and pay the retiral dues accodingly.

(3.) IN support of the order of the learned Single Judge, counsel for the writ petitioner placed reliance on State of Kerala vs. M.Padmnabham Nayar (1985)1 SCC 429 and two unreported orders of this Court in LPA No. 306 of 1998 (Chandra Mohan Prasad Ambastha vs. State of Bihar &Ors.) and LPA No. 287 of 1998 (Jagdish Kumar vs. State of Bihar & ors.).