KAMESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the parties. 1.This writ application has been filed for quashing order dated

(2.) 9.1995, whereby junior selection grade scale has been granted to the sole petitioner with effect from 16.8.1995. 2. The petitioner was appointed as lower division assistant on 15.2.1965 within the then Bhagalpur Collectorate, now Banka. As time bound promotion was not granted to him the petitioner moved this Court by filing a writ application bearing Civil Writ Jurisdiction Case No. 8339 of 1994, which was disposed of on 26.7.1995 with an observation that if the petitioner files a representation before District Collector, the same shall be disposed of in accordance with law. Thereafter the petitioner filed a representation, which has been disposed of by the order as contained in annexure 1 to the writ application, referred to above, whereby junior selection grade scale has been granted with effect from 16.8.1995. Hence this application.

(3.) LEARNED counsel appearing on behalf of the petitioner submitted that three persons, namely. Brahmanand Prasad, Ramdeo Prasad and Akshay Prasad, who entered service after the petitioner in the same very collectorate, had also moved this court in civil Writ Jurisdiction Case No. 876 of 1993 and the District Collector was directed to consider their case for grant of junior selection grade scale and senior selection grade scale and pursuant to the aforesaid order, they have been granted first time bound promotion with effect from 1 -4 -1981 and second time bound promotion with effect from the date they completed 25 years of service. The petitioner entered service in the year 1965 and the aforesaid persons in the years 1967 and 1968. Undisputedly, there is nothing adverse in his service record so as to disentitle him for grant of first time bound promotion and second time bound promotion.