GUPTESHWAR NATH UPADHYAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel appearing for the respondents.

(2.) The petitioner has filed this application for a direction to the respondents to make payment of his pre-retiral as well as post-retiral dues and also for quashing the office order contained in Memo No. 756, dated 15.9.1999 issued by the Additional Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms by which the claim of the petitioner for first and second time bound promotion and all consequential benefits relating to the promotion has been rejected.

(3.) The petitioner was appointed as temporary assistant in the Directorate of Land Acquisition, Bihar, Patna on 2.5.1960 and he was placed on probation on 8.2.1973 for two years. On completion of two years of probation on 8.2.1975 he should have been confirmed as provided under Rule 10 of the Rules Regulating Recruitment of Assistants to the Lower Division of the Bihar Secretariat and some other offices. The petitioner was not confirmed, though other persons junior to him were confirmed on the post. The petitioner was also denied promotion to the higher pay scale and finally he approached this Hon'ble Court by filing CWJC No. 1775 of 1994 which was allowed by judgment and order dated 22.1.1997. In the writ application it was held that the petitioner is entitled for confirmation on the post of Assistant from the date of his completion of two years probation period with consequential benefits with effect from 8.2.1975. This order was communicated to the department and before any order could have been passed in compliance of the direction issued in the writ application the petitioner retired on 31.1.1997. In compliance of the judgment and order dated 22.1.1997, passed in CWJC No. 1775 of 1994 an office order was issued vide Memo No. 18 Ka-105/94 Ka-3301 dated 30.5.1997 under the signature of the Joint Secretary of the Personnel Department confirming the petitioner to the post of Assistant with effect from 8.2.1975 and first time bound promotion to the post of Junior Selection Grade Assistant in the pay scale of Rs. 1640-60-2600-75-2900/- for the period from 19.2.1986 to 26.3.1996. The petitioner was arbitrarily given first time bound promotion with effect from 19.2.1986 in violation of the Bihar Government Resolution dated 30.12.1981 which provided that an employee is entitled to get two time bound promotions, the first by the end of 10 years of service and second by the end of 25 years of service. The scheme of time bound promotion became effective from 1.4.1981 as per recommendations of the 4th Pay Revision Committee of the Government of Bihar. Since the petitioner joined on 2.5.1960 as an Assistant and he completed ten years of service on 2.5.1970 as well as 25 years of service on 2.5.1985, the first time bound promotion in case of the petitioner became effective from 1.4.1981 in the pay scale of Rs. 850-3-1270-EB-30-1360/- as Junior Selection Grade Assistant and second time bound promotion with effect from 2.5.1985 in the pay scale of 880-35-1270-EB-35-1510/- as Senior election Grade Assistant. The petitioner was also entitled to get revised pay scale of Rs. 2000-3500/- with effect from 1.1.1986 in terms of 5th Pay Revision Committee whereas the petitioner was granted the pay scale of Rs. 1640- 2900/- with effect from 19.2.1986. The petitioner after his superannuation should have been given all post retiral benefits in terms of the order passed by the High Court, but it was not given to him. Then the petitioner again filed CWJC No. 5299 of 1998 for a direction to the respondents to pay the entire retiral dues and also to grant time bound promotion. This writ application was disposed of with a direction to the respondents to consider the representation which had already been filed by the petitioner before the authority. Thereafter the petitioner's representation which was pending before the authority was rejected by order dated 15.9.1999 (Annexure-1) on the ground that since the petitioner had not passed the departmental examination as such he was not entitled for any cadre promotion. The petitioner was reverted to the original post of Assistant from 27.3.1996, and it was also decided by this order that the petitioner was not entitled for second time-bound promotion as he was not possessing qualification for first time bound promotion.