RAMA NAND MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner retired from service under the State of Bihar on 31st January, 1992. At that time he was holding a post of Deputy Director, Health Services in the selection grade. He has filed this writ petition on 28.2.2000 on being aggrieved by notification of Government No. 220(4) dated 16.5.97 whereby similarly situated officers of the department were promoted in the super time selection grade (2/1/2%) but the promotion of the petitioner was withheld. It appears that notification dated 16.5.97 was rectified by notification dated 26.6.98 contained in annexure-3. In the earlier notification petitioner's name was at serial 4 of schedule 'Kha' and by notification contained in annexure-3 it was made clear that for the Medical Officers whose names are in schedule 'Kha' Promotion Committee had recommended to keep posts reserved for various reasons.

(3.) On behalf of petitioner it has been submitted that like the Medical Officers whose names are in schedule 'Ka' petitioner should also have been granted promotion in super time selection grade (2/1/2%) with retrospective effect and that the decision to keep the case for promotion pending suffers from arbitrariness and illegality because none of the conditions determined by the State of Bihar for placing the case of an employee under seal cover procedure was applicable to the case of the petitioner. It has been asserted on behalf of the petitioner that there was no departmental proceeding against him when he retired from service nor there was any criminal proceeding and he was given full pension after retirement. It has further been shown that even till date no charges have been framed against the petitioner in any departmental or criminal proceeding.