BINDESHWARI PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been preferred by the petitioner for direction on the Respondents to pay him the salary of higher post of Inspector of Police with effect from 1st December, 1987, the date from which he has been promoted.

(2.) THE brief fact of the case shows that the promotion of petitioner to the post of Inspector of Police was due since 1st December, 1987, but because of pendency of a departmental proceeding, the D.P.C. in its meeting dated 11th August, 1987 did not consider his case for promotion. Subsequently, the petitioner was awarded major punishment against which he preferred appeal, when the appellate authority converted the same with minor punishment of censure.

(3.) ADMITTEDLY , on such remand, the case of the petitioner was considered for promotion to the post of Inspector of Police and having found fit, he was promoted to higher post with effect from 1st December, 1987, but in the order, contained in Memo No. 4882 dated 22nd December, 1992, it was mentioned that the arrears of salary prior to 24th November, 1992 shall not be paid.