HANUMANT LALL, SON OF LATE RAMASHISH PRASAD, RESIDENT OF ADARSH NAGAR, SAMASTIPUR, P.S. SAMASTIPUR, DISTRICT SAMASTIPUR Vs. THE STATE OF BIHAR THROUGH THE SECRETARY, ROAD CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, VISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA

JUDGEMENT

(1.) Heard learned counsel for the appellant, learned Government Advocate No.9 for the State and learned counsel for respondent No.5.

(2.) The appeal is directed against the judgment and order dated 27.9.2005 passed by the writ court by which the writ petition had been dismissed holding that no relief could be granted to the petitioner for grant of senior selection grade scale with effect from 1.3.1986 and so far the other prayer of the petitioner-appellant with regard to super time scale and promotion to the post of Head Assistant is concerned, he may represent his case before the respondent authorities, which would be considered and disposed of in accordance with law.

(3.) The appellant and the private respondents were appointed as Clerks in the then Public Works Department, (now Road Construction Department) from 10.11.1956 till 11.8.1961. It may be pointed out that so far as the respondent Nos. 8 and 10 are concerned, the appeal stood dismissed as against them and they have been deleted by the order of this Court dated 2.7.2013 and, therefore, the cases of the petitioner-appellant viz-a-viz those respondents are not under consideration. Thereafter the petitioner-appellant and the respondents were granted junior selection grade and senior selection grade on different dates. The respondent Nos. 5, 6 & 9 were also granted the super time scale on different dates and the respondent No.9 further received the promotion as Head Assistant on 4.11.1994. The stand of the petitioner-appellant is that he was alone among those employees, of what subsequently upon bifurcation became the Road Construction Department, in the office of Superintending Engineer, Road Construction Circle, Darbhanga, who were parties to the writ petition, who has passed final accounts examination in the month of February, 1986 and thus he became eligible for grant of senior selection grade with effect from 1.3.1986. It is also the contention of the writ petitioner, according to learned counsel, that since the vacancies arose on 1.10.1986 when the said respondent No.5 was granted the senior selection grade, he ought to have been granted the same on 1.10.1986, as according to him, none of the respondents had passed the final accounts examination which was a sine qua non for any promotion, including those to senior selection grade, super time scale and on the post of Head Assistant. Accordingly, the petitioner also claims that he ought to have been granted super time scale with effect from 1.3.1989, the date on which it was granted to respondent No.9, and further that he should have been promoted to the post of Head Assistant with effect from 4.11.1995, the date on which the said promotion was granted to respondent No.9.