YOGENDRA BAITHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner is a retired employee who superannuated from service with effect from 31.1.2001. Post retirement he came to a considered opinion that he still had a right and claim over the department for grant of promotion and benefit flowing therefrom after more than four years of retirement.

(2.) Petitioner was serving the Department of Agriculture and had earned certain promotions over the period of time, some of them related to time bound promotion which included grant of scale of junior selection grade or senior selection grade. He is aggrieved because even though by virtue of notification dated 31.12.1993 he came to be posted on the post of Joint Director, he never got substantive promotion on the said post. In fact, he carried his present scale on that post as would be evident from the said notification contained in

(3.) Posting of the Petitioner on the post of Joint Director with the same pay scale was not unique to him. Due to a large number of vacancies existing at that point of time the State Government decided to post many persons including the Petitioner in similar situation due to exigency of service as would be evident from Annexure-6.