AMERIKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) PETITIONER , who is holding the post of District Superintendent of Education, Purnea, has approached this Court for a direction to the respondent authorities to consider his case for grant of Junior Selection Grade with effect from 13.6.1995, the date his other juniors were granted such promotion as his case for such promotion was kept pending on the ground that his services were not confirmed on the date of consideration, which is evident from the proceedings of the Departmental Promotion Committee dated 31.7.1999 and 13.8.1999, Annexure -1. Later, the services of the petitioner was confirmed with effect from the due date, which fact is evident from the notification of the State Government bearing No. 627 dated 29.10.2001, Annexure -2.

(3.) COUNSEL for the State although has filed counter affidavit and has not disputed the aforesaid fact but has contended that the charge -sheet which was served on the petitioner in the year 2004 relates to allegation of the year 1996 and in the circumstances the case law of the Hon ble Supreme Court in the case of Union of India, etc. etc. vs. K.V. Jankiraman, etc. etc. (supra) has no application to the case of the petitioner.