RAM EKBAL SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application the petitioner prays for issuance of an appropriate writ/order or direction commanding the respondents to pay in full the amount of pension, gratuity leave encashment and General Provident Fund, of which he has been kept denied till now, though the superannuated from service on 31-12-91 and also for a direction to pay an interest at the rate of 18% per annum on the aforesaid amount besides seeking direction against the respondents to pass final order on the disciplinary proceeding initiated against him on 8-8-91 and, further, to promote him in the next higher scale of Rs. 1575-2300. from 16-12-87 when his juniors were promoted in the said scale.

(2.) In short, the relevant facts are that the petitioner was initially appointed as Industrial Extension Officer on 9-9-57 in the Industries Department and later promoted in the next high post of Investigator on 6-3-62. On 19-12-73 he was promoted to the post of Planning-cum-Evaluation Officer and on 24-9-83 as Industrial Economist with effect from 19-12-78 in the pay scale of Rs. 1350-2000. He also claims to have looked after the post of Joint Director of Industries in the own scale from 24-9-83 to 31-3-84 and later was posted as General Manager, District Industries Centre, Deoghar. While the petitioner was waiting for promotion to the next higher scale of Rs. 1575-2300, the State Govt. vide notification, contained in memo No. 13605 dated 16-9-88 promoted his juniors in the aforesaid scale with effect from 16-12-87, but the petitioner was denied the said promotion. The relevant extract of the gradation list as well as the aforesaid notification dated 16-9-88 have been annexed as annexures-1 and 2, respectively to show that the juniors had been promoted. The petitioner claims to have filed representation before the State Government on 7-10-88 against his said supersession as according to him, his service record throughout has been excellent. However, under rule 74(2) of the Bihar Service Code he was compulsorily retired from the post of General Manager of District Industries Centre, Deoghar on certain charges with respect to which enquiry was held by the Additional Director Industries, and also by Deputy Development Commission, who had submitted reports and on the basis of the aforesaid reports a memorandum was prepared by the Additional Commissioner-cum-Special Secretary and accordingly, the order of his compulsory retirement contained in memo No. 435 dated 26-10-88 was issued. The petitioner, against the said order of the compulsory retirement filed a writ petition bearing C.M.J.C. No. 8457 of 1988 in this Court, which was dismissed in limine on 23-11-88. The petitioner filed S.L.P. No. 1038 of 1989 before the Supreme Court, in which leave was granted and finally the Supreme Court, vide order dated 24-4-90 passed in C.A. No. 1995 of 1990 allowed the appeal filed by the petitioner and quashed the order dated 26-10-88 of his compulsory retirement from service and, further, directed the respondents to re-instate the petitioner forthwith with full back wages. However, the copy of the said order has not been brought on the record.

(3.) When despite the said order the petitioner was not reinstated, he claims to have filed contempt petition No. 187 of 1990 in the Supreme Court, whereafter he was reinstated on 4-12-90 with back wages and posted as Deputy Director Industries, Bhagalpur, and the contempt petition was accordingly dismissed.