RAMAYAN DASS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 6th of May, 2002 (Annexure -8) whereby the claim made by the petitioner to consider him for promotion in the similar manner as that of General Cadre Constable of the Bihar Military Police has been rejected.

(2.) PETITIONER is a Band Constable in the Bihar Military Police. Earlier he filed C.W.J.C. No. 1992 of 1992. before this Court, inter alia, seeking for a direction from this Court to consider him for promotion as Hawildar Constable in the same manner as those of general cadre constables of the Bihar Military Police. This Court by order dated 6.2.2002 disposed of the writ application with a direction to the petitioner to file a fresh representation before the authorities concerned, who, in turn, were directed to dispose of the same in accordance with law. Petitioner, in pursuance of the said order, filed representation (Annexure 7) and by the impugned order, same has been rejected.

(3.) EVEN I assume in favour of the petitioner in respect of factual assertion, no case of discrimination is made out. May be that process of recruitment and the pay scale of Band Constables and general cadre Constables are the same but that itself shall not make them members of one cadre. In many services and cadres appointments are made by the same process and their scales of pay are same, still after the appointments employees joining different services and cadres do not enjoy the same benefit.