PARMESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN spite of opportunity granted to the counsel for the State under orders dated 5.1.2005 to seek instruction on the point as to whether the petitioner was allowed any higher scale as a result of merger of Bihar Agriculture Service Class II into Bihar Agriculture Service Class I with effect from 1.1.1977, the counsel for the State has not been able to seek instruction and has sought further time. However, without adjourning the matter further, this Court is proceeding to dispose of the application after hearing counsel for the parties under the present order.

(2.) PETITIONER was appointed as Demonstrator in the Ranchi Agriculture College, Kanke in the year 1957 in the scale of Rs. 125 -205. In 1968 he was promoted to the Bihar Agriculture Services in Class II in the scale of Rs. 290 -650. He has been thereafter, promoted in the scale of Rs. 3000 -4500 in the year 1995 with effect from 11.3.1992. His grievance is that the date of promotion be shifted back with effect from 11.3.1982 on which date he completed 25 years of service. For the aforesaid relief, petitioner had earlier filed C.W.J.C. No. 8562 of 1995, which was disposed of under orders dated 12.12.1995 with a direction to the authorities to consider the matter. It appears, the Agriculture Production Commissioner, Bihar considered the claim of the petitioner for shifting back his date of promotion from 11.3.1992 to 11.3.1982 and rejected the same under orders bearing Memo. No. 1217 dated 14.3.1997, Annexure -9.

(3.) LEARNED counsel for the petitioner has asserted that on account of merger of Bihar Agriculture Service Class ll into Class I, higher scale, including financial benefit was not allowed to the petitioner and, as such, second time bound promotion in the light of the resolution of the State Government dated 30.12.1981 should have been given to him with effect from 11.3.1982 and not with effect from 11.3.1992. This aspect of the matter has not been considered in the order dated 14.3.1997.