SAHDEO PRASAD SON LATE SOHAN SAO Vs. STATE OF BIHAR THROUGH THE COMMISSIONER FINANCE COMMERCIAL TAXES DEPARTMENT GOVT OF BIHAR

JUDGEMENT

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

(2.) IN this application, the grievance of the petitioner is that he should be considered for promotion to the post of Superintendent (Typing) in Commercial Tax Department with effect from 1st January 1995. IN the alternative, a prayer has been made that in stead of paying the scale of Superintendent (Typing) with effect from 20th July 1998, he should be paid with effect from 16th June 1998.

(3.) PETITIONER says that as during 1st January 1995 to 19th April 1996 there was nothing against him, as such, he ought to have been considered for promotion and he should be given the benefit of promotion to the post of Superintendent (Typing). In this connection while deciding the issue it will be very relevant to mention that one Sri Vijay Kumar Choudhary was promoted to the said post which was challenged by the petitioner and ultimately he succeeded. So during that period, the post on which petitioner was claiming promotion was occupied by Sri Choudhary and at the same time on 1st January 1995 no person below the petitioner was promoted to the aforesaid post. It will be also relevant that a punishment of censure was awarded to the petitioner vide letter dated 7th June 1996 (Annexure-2 to the writ petition) and it will have an effect of three years and for that reason, petitioner could not have been considered for promotion to the next higher post.