SHANTANU KUMAR PANDAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is directed against the order dated 31.12.1993 of the respondent no. 5, the Lokayukta, Bihar.

(2.) IT appears that on 24.9.1951, the petitioner was appointed as Reserve Veterinary Assistant Surgeon in Animal Husbandry Service Class III. On 21.1.1959, some posts of Animal Husbandry Service Class III were upgraded from pay scale of Rs. 125 -250 to 150 -350. All the degree holders, and diploma holders, who had completed 10 years continuous service in the cadre of Animal Husbandry Service Class III were given the pay scale of Rs. 150 -350. The petitioner, who is a diploma holder, was placed in the scale of Rs. 150 -350 on completion of 10 years of service on 21.9.1963. On 30.11.1976, the petitioner was promoted to the selection grade Animal Husbandry Service Class III. On 25.4.1978, the Animal Husbandry Service Class III was declared gazetted service and as such, the petitioner became Junior Class II officer in the pay scale of Rs. 455. -840. On 30.12.1981, the State Government, on the recommendation of the 4th Pay Revision Committee, introduced the scheme of time bound promotion. On 15.9.1985, the petitioner filed representation to the Commissioner -cum -Secretary, Animal Husbandry and Fishery Department, Bihar for granting second time bound promotion, but with no result. In the meantime, he retired on attaining the age of superannuation on 31.1.1990. The petitioner moved representation to the respondent no. 5, the Lokayukta, Bihar. The respondent no. 5 issued notice to the Animal Husbandry Department in response to which the respondent no. 2, the Deputy Secretary, Department of Animal Husbandry, Bihar stated that the petitioner was given Class II Junior Selection Grade and Class II Senior Pay Scale on 1.1.1982 and he retired on 31.1.1990 before completion of 10 years of service in the said grade and therefore, his case could not be considered for grant of second time bound promotion. On 31.12.1993, the respondent no. 5 closed the proceedings. Feeling aggrieved, the petitioner has filed this writ petition.

(3.) HEARD the learned counsel for the parties and perused the record.