JAGDEO RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner has come to this Court claiming grant of Junior Selection Grade from the time his juniors were granted the same, there being nothing to disqualify him in that regard. Petitioner points out that his immediate senior Brahamdeo Ram was granted the Junior Selection Grade with effect from 11.03.1992 and his immediate junior Brahamdeo Mandal was granted the Junior Selection Grade also from the date 11.03.1992. It is, thus, submitted that the petitioner, not having been found unfit, must also be granted the junior Selection Grade from the same date. Petitioner points out that the matter was enquired into and ultimately it was found that overlooking the right of the petitioner and some others, some juniors were granted the Junior Selection Grade. Upon realisation of this, the Finance Department, for a limited period, created five shadow posts so that this unjust action could be nullified by granting promotions to four superseded persons. In the counter affidavit, it is now admitted that petitioner had been wrongly left out. Departmental Promotion Committee (DPC) has considered the matter but once again a small error has been left. As noticed above, petitioner's immediate senior and immediate junior have been granted Junior Selection Grade with effect from 11.03.1992, thus, entitling him to get it from the same day. The DPC has sanctioned the same with effect from 11.05.1992 which apparently appears to be a typographical error. It is, accordingly, held that the petitioner would be entitled to Junior Selection Grade with effect from 11.03.1992 and any order and/or notification to the contrary would be bad and unenforceable.

(2.) The second dispute is that while granting Junior Selection Grade with retrospective effect, it has been ordered that financial benefits, if any, would accrue only from the date of order and not from the date when promotions were due. This is a very strange plea. What the Government is trying to say is that a person should have been granted promotion way back in the year 1992 but for some reason, as the Government slept over the matter and realised its mistake much later, while rectifying the mistake, it can deny the person benefit thereof. In my view, in a society governed by law and by Indian Constitution, this is not permissible. All I can say is what Chief Justice Chagla in the case of All India Groundnut Syndicate Limited V/s. Commissioner of Income Tax, Bombay City, 1954 AIR(Bom) 232 said :

(3.) In that view of the matter, the counter affidavit, not disputing the entitlement of petitioner and grant of Junior Selection Grade to the petitioner, I direct that for all purposes, including financial benefits, petitioner would be deemed to have been granted Junior Selection Grade with effect from 11.03.1992 and with all consequential benefits. Any order or notification to the contrary would be bad and would have to be read in conformity with this order. The writ petition is, thus, allowed.