LALI RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner, who is the Junior Engineer, has sought for direction to the respondents to treat him in the category of Scheduled Caste since he is "Dusadh" by caste, which falls in the category of Scheduled Caste and grant him all consequential benefits from due date, i.e., the date of his appointment, including grant of promotion along with the candidates belonging to the said category.

(2.) A counter affidavit has been filed on behalf of the State of Bihar and its officials in the Department of Water Resources, namely, respondents no. 1 to 6, and a reply thereto has also been filed by the petitioner.

(3.) LEARNED counsel for the petitioner, on the other hand, has submitted that without going into the question of constitutional validity of any such enactment, this writ petition can be disposed of by granting relief to the petitioner as even assuming that the validity of such provision is upheld, the petitioner cannot be denied of the treatment under Scheduled Caste category only because he is a candidate from outside the State of Bihar as he was appointed on 13.4.1988 i.e., much prior to enactment of the aforementioned provision. Learned counsel for the petitioner submitted that by Annexure 29 and Annexure 28, the candidates who belong to Scheduled Caste category and appointed much later than the petitioner have been given promotion in the Junior Selection Grade as well as the Senior Selection Grade with effect from 19.8.1993 and 19.8.1995 or from later date respectively, but the petitioner has arbitrarily been denied the same benefit only because the State authorities feel that the case of the petitioner is covered by the provision of the aforementioned Act, which is not true as the retrospectivity of the said Act has also been given from later date, i.e. 11.6.1996 whereas the promotion to the junior of the petitioner has been given a date earlier to 11.6.1996.