RAJENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State. The claim in the writ application is to be considered for promotion to the post of senior selection grade with effect from 1.4.1981. The petitioners claim to be appointed as Lower Division Clerks on different dates in the Patna Medical College Hospital at Patna. It is their further case that they passed the Accounts examination and were promoted to the post of Upper Division Clerks. They were then granted the junior selection grade on 31.12.1983 with retrospective effect from 1.4.1981. It is further alleged that while one Awadh Kishore Sharma, junior to them has been granted senior selection grade with retrospective from 1.4.1986 by order dated 24.07.1990, the petitioners have been subjected to hostile discrimination. Learned counsel for the State points out that in their representation, the petitioners themselves have claimed senior selection grade with effect from 1986 and not from 1981 as pleaded in the writ application. Learned counsel for the petitioners counter the submission to urge that the petitioners claimed senior selection grade from prior to 1.4.1986.

(2.) The counter affidavit of the respondents is hardly of any help in adjudication. There is no denial to the specific allegations of hostile discrimination in paragraph 12 and 16 of the writ application dealt with in paragraphs 13 and 14 of the counter affidavit. On the contrary the counter affidavit states that the case of the petitioners is under consideration and certain more information from connected Offices is required and that their case for promotion could not be finalized for lack of full information. Learned counsel for the parties are not in a position to inform this Court as to what developments have taken place in the mean time and whether the relief has been granted to the petitioners or not and, if so, from what date.

(3.) The writ petition is disposed off with the direction that, if the case of the petitioners for grant of senior selection grade including the allegations of hostile discrimination has not been considered till date, let it be so done within a maximum period of four months from the date of receipt/production of a copy of this order before respondent no.3. It is expected that the appropriate orders for payment of necessary consequential benefits from the date of promotion shall also be made. If the case of the petitioners has already been considered and promotions granted, no further action shall be required on the part of the respondents under the present order. The writ application stands disposed.