STATE OF BIHAR Vs. NITYANAND DATKULLYAR

JUDGEMENT

(1.) Heard Mr. V. Shivnath, learned Counsel appearing on behalf of the appellants and Mr. A.K. Sinha, learned Counsel appearing on behalf of the respondent on the question of maintainability of Letters Patent Appeal. On a preliminary objection raised by Mr. Sinha, learned Counsel for the respondent the matter was placed before us to consider the said question. It is worth to be mentioned here that initially the appellants filed Miscellaneous Appeal and a single Judge of this Court by order dated 13-9-96 directed the office to put up the appeal before a Division Bench along with the maintainability matter. Subsequently, learned Counsel for the appellants converted the Miscellaneous Appeal into a Letters Patent Appeal.

(2.) The petitioner-respondent moved this Court in C.W.J.C. No. 3349 of 1994(R) with a prayer that the petitioner should be given time bound promotion in Senior Selection Grade in the pay scale of Rs. 3700-5000 with effect from the 4th Pay Revision Committee Report. A writ of mandamus was also sought for by the petitioner commending upon the respondent to implement the recommendation of the Departmental Promotion Committee dated 10-5-1992 on the ground, inter alia, that the petitioner-respondent was working on the date of filing of the writ application as Principal, Government Teachers' Training College, Ranchi and the petitioner was appointed in the Bihar Education Service Class II on or about 21-6-1961. The claim of the petitioner was refuted by the respondent by filing counter-affidavit stating, inter alia, that the petitioner was given time-bound promotion in the pay scale of Rs. 1350-2000 with effect from 1-4-1981 and the petitioner was granted Junior Selection Grade with effect from 28-12-1987. It was further stated that the second time-bound promotion in regard to Officers after completion of 25 years of qualifying service which was completed by the petitioner only on 21-6-1986. It was further stated that the case of the petitioner was under active consideration for promotion.

(3.) The writ application was disposed of by learned Single Judge of this Court in terms of judgment and order dated 25-5-1995. Learned Single Judge after considering the affidavit of the parties made the following direction: