KRISHNACHANDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) As in both the writ petitions common prayer has been made and common points of law are involved, for the said reason, they are being disposed of by one common order.

(2.) Krishna Chandra is the petitioner in C.W.J.C. No. 6549 of 1995, whereas Ashok Kumar Khare is the petitioner in C.W.J.C. No. 5937 of 1995. Both of them have prayed for direction to fix their seniority in the rank of Inspector of Police with effect from 10th July, 1981 on the basis of continuous officiation. They have further prayed for direction on the respondents to provide them with consequential benefits of promotion to the post of Dy. S.P. with effect from July, 1995.

(3.) The brief facts of both the cases are, as follows : Both the petitioners were appointed as Sub-Inspector of Police on 9th February, 1975 and were confirmed to the said post with effect from 1st January, 1978. According to the petitioners, they were promoted on officiating basis to the next higher post of Inspector of Police with effect from 10th July, 1981 by common Memo No. 2464 (12) dated 24th July, 1981 (Annexure-1 to the writ petition of Krishna Chandra). Further it has been stated that their promotion to the higher post of Inspector of Police was regularised in pursuance of decision of Inspector- General/Director, General Selection Board held in the year 1985, and in pursuance thereof, regularisation order was issued vide common Memo No. 615 dated 25th January, 1986. Proceeding of the said selection Board circulated vide Memo dated 29th April, 1985 and Notification dated 25th January, 1986, have been annexed as Annexures-2 and 3, respectively to the writ petition of Krishna Chandra. Further, according to the petitioners, one Satyadeo Singh who was also promoted as Inspector of Police on 19th July, 1981, his case was considered and he was promoted to the post of Dy. S.P. with effect from July, 1995, but the case of the petitioners was not considered for such promotion. It has been alleged that the respondents are not counting the seniority of the petitioners to the post of Inspector of Police with effect from 10th July, 1981 (date of continuous officiation), rather they are counting the seniority on the basis of date of confirmation which, according to the petitioners, is illegal.