SHYAM BALI PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner is serving as Revenue Karmchari in Punpun Block of Patna District. He filed this writ petition praying, inter alia, to direct the State-respondents to grant him the benefit of Military Service which he rendered earlier to his appointment as Revenue Karmchari with effect from 23.2.1980 in the light of the resolution of the Personnel Department of the Government bearing no. 15784P dated 26.8.1972, Annexure-2 which, inter alia, require the State Government to grant the benefit of Military Service to a Government employee who earlier served in the Army. In this connection petitioner filed representation dated 01.10.2003, 27.04.2005 which is addressed to Collector, Patna and is contained in Annexure-5, 6 to this application. It is further submitted on behalf of the petitioner that if he is allowed the benefit of Military Service, he shall stand placed above one Moti Lal Singh in the seniority list of the Revenue Karmchari. The authorities kept the representation of the petitioner dated 01.10.2003 pending and did not include him at the appropriate place in the seniority list of the Karmchari giving him the benefit of the Military Service as per the 1972 Circular of the Government and promoted the said Moti Lal Singh on the higher post of Kanoongo within the quota of 50% meant for the Karmcharies as per 2004 Rules. When such illegality was committed by the authorities, subsequent representation dated 27.4.2005, Annexure-6 was filed by the petitioner which was also kept pending forcing the petitioner to file the present writ petition on 20.12.2005.

(3.) By filing the counter affidavit State-respondents have placed on record the judgment of the High Court dated 28.10.2010, Annexure-B to the counter affidavit, passed in the case of Bihar Raijya Bhoomi Sudhar Karamchari Sangh Vs. The State of Bihar bearing C.W.J.C. No. 4301 of 2010 and submitted that as petitioner was appointed as Revenue Karmchari on 23.2.1980 he should have filed representation for granting him the benefit of Military Service and including him at the appropriate place in the seniority list within a reasonable time of entry in service but the petitioner chose to sleep over his rights and submitted representation dated 01.10.2003 belatedly and soon thereafter 2004 Rules were framed which was also repealed later by 2010 Rules reducing the quota for promotion of Karmchari from 50 to 25% and as petitioner was not vigilant about his placement at the appropriate place in the seniority list within reasonable time of his entry in service this Court may not pass any positive order in his favour.