BAIDYA NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE relief which the petitioners are looking for may not be available to them, taking into consideration that their claim for time-bound-promotion etc. had been considered by the authorities and dependant on their service history coupled within the kind of enhanced pay- scale, which was given to them during their period of service what they are looking for, is a windfall. Most of those petitioners had been appointed in the early 50s or later part of 1950, except one or two. Since their matter has been clubbed together, it is also difficult for this Court to appreciate their stand and position when they are entered into their service and retirement had been on different dates and benefits of pay-scale had also been granted on different dates.

(2.) HOWEVER , the State Government despite the matter being a very old one and despite petitioners having retired in the last century have crystallized their status in paragraphs 2, 3 and 4 of the counter affidavit filed by Respondent No. 7, i.e., District Education Officer on behalf of District Superintendent of Education, Muzaffarpur. A reading of these paragraphs of the counter affidavit does show that it is not a case that consideration of their claim has not been made, their entitlement has to be decided on the basis of what they have begot during their service carrier by enhanced pay- scale from time to time. Even some of them had been given time-bound-promotion or substantive promotion and some of them had retired on completion of 25 years of service, after the scheme was came into place on the recommendation of the fourth pay revision committee and had retired much prior to the same. The Court is of the opinion that with the object of confusing the whole issue or telescopic the issue on one pretext or the other, so many petitioners were put together and a common kind of reliefs were prayed for in this Writ Application. Benefits of time-bound-promotion etc. have to be looked into individually for each case and such Writ Application should not have been entertained in the very first place.

(3.) EVEN otherwise these are stale matters, because the recommendation of the fourth pay revision committee, which was basically brought into picture for these kind of persons, who have no avenues of promotion and that scheme has also been taken away in the fifth pay revision committee report, such issues are allowed to rest and cannot be agitated in the fashion in which it has been done and the time-frame in which it has been done. Writ Application in the above facts and circumstances is dismissed.