MURARI KRISHNA PRASAD SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) - The writ Petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing of the order dated 20-9-95 issued by respondent No. 3 by which the date of confirmation of the petitioner has been fixed as 1-3-1975. Further relief has been sought for a direction to the respondents to fix the seniority of the petitioner in the rank of Dy. S.P. treating the petitioner on probation as inspector with effect from 26-6-71 and to promote, the petitioner from the date when the persons junior to the petitioner, namely, Ramjas Singh and Braj Bihari Prasad have been promoted to the rank of Dy. S.P. with effect from 25-10-75. A copy of the impugned order dated 20-9-95 is at an- nexure 7 of the petition.

(2.) The impugned order shows that the petitioner's seniority as Inspector has been fixed from the date of his of ficiation. However, his date of confirmation has been fixed as 1-3-1975.

(3.) The contention of the learned Counsel for the petitioner is that the petitioner's date of confirmation ought to be after the expiry of two years from 26-6-71 when he was promoted as of- ficiating Inspector. The petitioner had earlier come to this Court in C.W.J.C. No. 8308 of 1992 and this Court by its order dated 11-11-1992 (copy at annexure 1) directed the State to grant benefit of continuous officiation to the petitioner for determining the inter se seniority and also the consequential promotion. A chart has been given at annexure 11 in which the date of confirmation of Shri Braj Bihari Prasad who was promoted to the rank of Inspector on 27-7-71 has been given on 27-7-73 and the date of promotion to the rank of Dy. S.P. has been given as 23-10-75. The learned Counsel for the petitioner contends that an Inspector is to be confirmed after expiry of two years of his promotion and the petitioner should also have been confirmed on 26-6-73 after expiry of two years and was done in the case of Shri Braj Bihari Prasad. Learned Counsel has pointed out that the probation period is only two years. In that counter-affidavit it has not been stated that the petitioner's confirmation was deferred at any time on account of any valid reason. The name of Shri Braj Bihari Prasad appears to be similar to the name of the present petitioner as Shri Braj Bihari Prasad was also appointed as officiating Inspector with effect from 27-7-71 and he has been confirmed with effect from 27-7-73. Therefore, there appears to be no justification for the respondents to treat the petitioner differently. In these circumstances, the grievance of the petitioner is justified that his date of confirmation with effect from 1-3-75 has been wrongly fixed while it ought to have been 26-6-73.