STATE OF BIHAR Vs. ABDUL QAIYUM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 3.5.2006 passed by the learned single Judge whereby writ petition preferred by respondent No. 1, a government servant retired from the post of Supervisor, Handloom and Sericulture Directorate of Industries Department was allowed and various orders were quashed whereby benefits of first time bound promotion given to the petitioner was cancelled and his pension and gratuity were fixed in reduced scale leading to recovery of excess amounts already paid.

(2.) On facts, there is no dispute between the parties that the writ petitioner was given promotion from the post of Overseer to Supervisor prior to 1985 and the pay scales of Overseer and Supervisor were merged subsequently in view of recommendations of the Pay Anomaly Committee. It is also not in dispute that in Finance Department's letter No. 10770 dated 30.12.1981 there was a provision in Clause 7 barring grant of first time bound promotion if the concerned employee had received benefit of higher scale on account of an earlier promotion or even merger or upgradation but such bar provided under Clause 7 was revised and accordingly, Finance Department's resolution No. 4245 dated 16.7.1985 clarified that the bar under Clause 7 of resolution No. 10770 dated 30.12.1981 was being cancelled in respect of promotion which had been given prior to upgradation/merger of the lower pay scale to higher pay scale.

(3.) In the present case, one of the main issues was whether the provisions in resolution No. 4245 dated 16.7.1985 would help the case of the writ petitioner or not? The learned Writ Court examined the relevant resolutions and came to a definite finding that since the petitioner was promoted from the post of Overseer to Supervisor prior to 1985 and the pay scales of Overseer and Supervisor were merged subsequently, his promotion in the past from the post of Overseer to Supervisor would not stand in the way of his entitlement for first time bound promotion.