BALDEO MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed by the petitioner for shifting the date of his promotion to the post of Section Officer with effect from 18.8.1987, the date when the petitioner and six other persons were made to officiate as Section Officers in their own pay -scales vide order contained in an -nexure -1 and also for grant of monetary benefits on account of such promotion from the date claimed.

(2.) THE relevant facts of this case are not in dispute. At the relevant time, the petitioner was a selection grade assistant and according to him he was senior most selection grade assistant in the department of Minor Irrigation when seven vacancies for the general category candidates occurred in the year 1987. As per the promotional rules the case of the petitioner and other eligible persons was considered and those who were found fit for promotion were given officiating promotion on 18.8.1987 vide annexure -1 but this was not a regular promotion because by then the roster clearance had not been received. As per counter affidavit the roster clearance was finalised on 22nd March, 1988 and it is further admitted in paragraph 3 of the counter affidavit that before 30th August, 1988, the date on which new cadre rules were notified, present writ petitioner was already found fit for regular promotion by Departmental Promotion Committee.

(3.) ON the other hand, learned counsel for the State submitted that prior to 30th August, 1988, only officiating appointment was made by annexure -1 whereby seven persons including the petitioner were made to officiate as Section Officer in their own pay - scales. It is further submitted that after the notification of new cadre rules dated 20th August, 1988, a joint cadre of the Secretariat Assistants was formed with effect from 30th August, 1988 and hence no promotion could be given on the basis of cadre and rule existing prior to 30th August, 1988. Learned counsel for the State placed reliance upon another Division Bench judgment of this Court dated 20th January, 1993 passed in C.W.J.C. No. 2972/91 (Sheo Shankar Prasad vs. State of Bihar).