RAM PRAKASH LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an Assistant Public Prosecutor ('A.P.P.' for short). He has challenged the order contained in Notification No. 8061 dated 10th of September, 1990, by which the Respondent no. 5, Sri Vijay Angels Toppo has been granted promotion to Junior Selection Grade of the post of A.P.P. alongwith others.

(2.) IT is not necessary to go into the detail facts of the case except the relevant one. Both the petitioner and the Respondent no. 5 are members of the cadre of A.P.P. According to the petitioner, he is senior to Respondent no. 5. It is stated that the name of petitioner is appearing at Serial No. 187 in the gradation list dated 15th of September 1985; whereas the name of the Respondent no. 5 is appearing at Serial No. 218.

(3.) THE grievance of the petitioner is that while the respondents have considered the cases of number of A.P.Ps. for promotion to Junior Selection Grade scale by the impugned order dated 10th of September, 1990, they have granted promotion to Respondent no. 5 to such selection grade scale with effect from 1st of April, 1986 without consideration of the case of the petitioner. Further, according to the petitioner, such case of the Respondent no. 5 has been considered on the ground that he belongs to Scheduled Tribe category and the policy for reservation is also applicable in the matter of promotion to selection grade scale. It is for the said reason the petitioner has also challenged the guideline issued by the Personnel Department of the State Government vide letter dated 4th of October, 1974 by which it has been mentioned that the selection grade should be treated to be a promotion.