GYAN RANJAN BASAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-1 is the speaking order dated 4.6.2005 passed by the Chief Secretary, Government of Bihar, on the basis of a direction issued by the High Court in CWJC No. 3216 of 2001. Since the speaking order has rejected the claim of the Petitioner for grant of promotion and pay-scale on the post of Deputy Secretary, the same has been challenged in the present writ application as Annexure-1. In other words this is the second visit of the Petitioner before the High Court for same or similar relief in the background now that the claim of the Petitioner has been rejected at the level of the Chief Secretary. The service history of the Petitioner which emerges from the pleadings is that the Petitioner was appointed as a Class-I Stenographer after he succeeded in the competitive examination on 11.3.1952. He was posted in the Political (Special) Department, now known as Home (Special) Department, Government of Bihar. He joined the post of a Personal Assistant on 1.1.1969 and as per the recommendation of the UPSC was promoted to the post of Private Secretary and deputed to work with the Chairman of Ganga Flood Control Commission as per the notification dated 5.5.1977 issued by the Personnel Department.

(2.) Vide memo dated 17.9.1980 Petitioner came to be appointed as a Private Secretary to the Governor of Bihar in the pay-scale of Rs. 670-1,155/-. There were two posts of Private Secretary one post of which was upgraded in the pay scale of Under Secretary with a pay scale of Rs. 890-1,415/- with effect from 26.5.1980 vide notification dated 20.8.1981 issued by the Cabinet Secretariat Department. Petitioner was absorbed against the said upgraded post of the Private Secretary with a pay scale of Under Secretary. The concerned notification has been annexed as Annexure-2 to the writ application.

(3.) Vide yet another notification dated 7.9.1981 issued by the Cabinet Secretariat Department Petitioner was given the pay-scale of Under Secretary w.e.f. 17.7.1980 i.e. the date Petitioner was appointed as a Private Secretary alongwith special pay of Rs. 200/-. This fact is evident from the notification annexed as Annexure-3. Petitioner came to be confirmed on the post of Private Secretary to the Governor of Bihar w.e.f. 14.9.1982 vide memo dated 11.10.1982 as would be evident from perusal of Annexure-4.