NAULAKHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The writ petition, as it presently stands, is in relation to the salary payable to the deceased husband of petitioner No. 1, had the husband's promotion to the Senior Selection Grade would have been in accordance with law and to pay all arrears due to the deceased husband.

(2.) The writ petition filed by Dr. Guneshwar Singh, the original petitioner, was for issuance of a writ of mandamus to promote him to the Senior Selection Grade from 16 -1 -68 and not from 1 -1 -71 as has been done by the notification dated 7 -6 -80 (Annexure 3). Annexure 3 itself manifests that Dr. Kamla Prasad Singh was allowed Senior Selection Grade posthumously also from the said date even after his retirement. This appears to be a permissible procedure in the State Government.

(3.) The moot question in this writ petition is whether seniority admissible to a person is from the date of his confirmation or his length of service in the cadre. In the event it is held that seniority has to be adjudged on the basis of length of service, mandamus sought for will be issued as a matter of Course.