SHEO DAYAL ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The fifteen petitioners have filed this writ application for issuance of an appropriate Writ, Order or Direction to the respondents and to decide the question of grant of promotion to them they being Assistant Public Prosecutors, in the junior and senior selection grades and also to grant them time bound promotion expeditiously from their due date. Their further prayer is to pay penal interest at the rate of 18% on their increased pay on promotion and to direct the respondents not to keep any post in reservation tor Scheduled Castes and Scheduled Tribes in the Selection grade of the Assistant Public Prosecutors.

(2.) Shortly stated the case of the petitioners is as follows. The petitioners and other Assistant Public Prosecutors were appointed as Assistant District Prosecutors under the Police Act, 1861 except those belonging to the 1977 batch and onwards. They were to conduct cases in the courts of Magistrates on behalf of the State. According to Section 25 of the Code of Criminal Procedure, which came into force from 1st of April, 1974, no police officer was made eligible to the appointed as Assistant Public Prosecutor for conducting prosecution in the courts of Magistrates. Thus, the Police prosecutors were divested of their police powers and were appointed Assistant Public Prosecutors under the aforementioned Section. A report of the 4th pay Revision committee was published revising the scale of pay of Government employees. The revised scale of pay was made applicable to all State Government employees, whoever in service on the 1st of April, 1981, and also to new appointments on promotions made effective on or after the said date. The Finance Department of the Government of Bihar adopted a Resolution (as contained in Annexure-1 which is the relevant extract). Section 10 and 11 of the Resolution run as follows :

(3.) Mr. Teg Bhadur Singh, learned counsel for the petitioners, submitted as follows :