SURESH NATH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application raises a short question as to whether the petitioner is entitled to the monetary benefits owing to issue of an order of promotion granted in his favour with retrospective effect.

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioner was appointed as a Constable in the year 1964. His name after confirmation stood in the seniority list at serial No. 472. His name was recommended to the Central Selection Board for promotion in 1988. The Central Selection Board held its meeting from 28th December, 1988 to 8th January, 1989 and found 1800 candidates fit for promotion to the rank of Sub-Inspector of Police. However, the name of the petitioner was not considered at that point of time his service book was available. The supplementary Central Selection Board held its meeting on 26-2-1989 whence the service book of the petitioner was placed before it and his case for promotion was recommended by the said Board. The Central Selection Board in relation to its meeting held between the period 28-12-1988 to 9-1-1989 recommended the case of the persons bearing serial No. 184 to 1800 in the gradation list who were junior to the petitioners. It was observed by the Central Selection Board that the A.S. Is. whose cases could not be considered for fragemntation for want of Service book would not less their seniority if they were found fit in course of the supplementary Board. The said minutes of meeting dated 15-6-1989 is contained in Annexure-1 to the writ application. As notice hereinbefore, the petitioner was found fit for promotion to the post of Sub-Inspector of Police by the supplementary Selection Board.