RADHEY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER who was an employee of Bihar Animal Husbandry Service Class l, has moved this Court for payment of remaining salary in the rank of Additional Director from 11.1.88 and the Director from 1.8.89, subsequent to the order of the State Government promoting him from such date in view of direction of the Supreme Court in Civil Appeal Nos. 1894 of 1991 and 1895 of 1991, which had upheld the judgment of this Court in C.W.J.C. No. 6230 of 1989.

(2.) THIS case has a long chequered history. Petitioner has been agitating his claim in this Court by filing a writ and contempt application right from July, 1989. Finally inspite of direction of the Supreme Court, petitioners case was not considered rather in the year 1998. another meeting of D.P.C. was held. Cases of other persons were considered but not petitioners case. Petitioner again moved this Court by filing C.W.J.C. No. 9680 of 1999 which was disposed of on 10 November, 2000. and the proceeding of the D.P.C. itself was quashed. As the only stand which was taken by the Respondent -State was that as the petitioner has already superannuated in 1996 his case was not required to be considered. Only after when the entire proceeding of the D.P.C. was cancelled then a fresh proceeding of D.P.C. was held, name of the petitioner was recommended for promotion on the post of Additional Director and Director from the date as given above. However, it was made clear that as the petitioner has already superannuated and not worked on the aforesaid post, no financial benefit was required to be given to him. This had led to the present writ application.

(3.) IN support of the said contention, petitioner has relied on annexure -12 series which are orders of this Court in C.W.J.C. No. 3391 of 1994. and other such cases. Against the order of the writ Court in the aforesaid case, L.P.A. has been preferred by the State of Bihar and others being L.P.A. No. 553 of 1995. L.P.A. Bench upheld the order of the writ court and only the part of the interest had been modified from 15% to 12% and the cost from Rs. 5,000/ - to Rs. 500/ -.