MOHMUDUL HASAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner was a diploma holder in Veterinary Science. On 21.1.1960 he was appointed as Touring Veterinary Assistant Surgeon as a diploma holder. In terms of State Government's resolution dated 21.1.1959 (Annexure-2), it appears that on the same post, i.e., Touring Veterinary Assistant Surgeon another class of appointees are also there, namely, the degree holders. The difference between the two workers is that the degree holders had three advanced increments and, as such, had an upgraded scale of pay. By the said resolution of the year 1959 the State Government has provided that a diploma holder having completed ten years of successful service would become eligible to the upgraded scale of pay that of a degree holder. Accordingly, the petitioner in the year 1971 upon completion of ten years of service in which he had also acquired graduate degree was granted the upgraded pay scale that of a graduate Touring Assistant Veterinary Surgeon.

(2.) The Fourth Pay Commission submitted its report and the Government accepted the same. In sub-clause 7 of Clause 11 of the resolution of the Government dated 30.12.1981 (Annexure-3) it is inter alia provided that the benefit of the time bound promotion should not be made available to such employees who after joining Government service for any reason are elevated to higher pay scale by promotion, merger or even upgradation. The sub-clause 7 of Clause 11 reads as follows :-

(3.) The State Government when came to the petitioner's case considered him to be a freshly appointed in the upgraded pay scale of the graduate with effect from 1971. This fresh appointment being of the year 1970, it gave first time bound promotion in the year 1984 with effect from 1.4.1981 and consequently the second time bound promotion was given in the year 1995. The petitioner is aggrieved by this.