MAHENDRA PD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the Petitioners have now retired during the pendency of the writ application. They have retired from the post of Assistant Mining Officer. They filed the writ application in the year 1997 when their request and prayer made to the competent authority to reconsider the date of promotion to the post on a substantive basis was not responded to.

(2.) It is not disputed that vide Notification No. 4790 dated 7.9.1987 and Notification Nos. 2778, 2779 & 2780 dated 18.6.1987, contained in Annexures-4 and 5, Petitioners were granted promotion to the post of Assistant Mining Officers. This promotion was given to them on a substantive basis from the date of the notifications which the Petitioners term it as arbitrary and discriminatory, specially in the background' that the Petitioners were granted pay-scale of Assistant Mining Officer from 1.4.1981 and given charge on officiating basis from 14.7.1986 in terms of the notification contained in Annexure-2.

(3.) There are primarily two submissions which have been made in favour of changing the date of promotion to the date when the vacancies were available on the ground that similarly situated persons whose names have been indicated in para 7 of the writ application have been given this benefit by the same department and these Petitioners have been treated differently. The other ground for demanding such parity or relief is the so-called circulars and decisions of the State Government itself, which is reflected in the notification dated 9th January, 1992, contained in Annexure-7 issued by the then Chief Secretary of the State as well as the notification reiterating similar stand dated 14th September, 2004, which has been brought on record as Annexure-10.