RAM NARAYAN CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State.

(2.) THE petitioner is before this Court with a claim for payment of the pay in the pay scale of District Sports Officer in the Bihar Education Service, Class -ll and subsequently of a Deputy Director in Bihar Education Service, Class -I. On both posts he was directed to officiate from 12.5.1987 and 31.12.1987 from which he superannuated on 31.11.1992. The submission on behalf of the petitioner is that he was fully eligible for promotion to the aforesaid posts. Notwithstanding his eligibility and the availability of the post he was asked to officiate on the superior post while holding his substantive rank in the Subordinate Education Service "Upper Division". That given his position in the gradation list and the vacancy position he should have been substantially promoted. In absence of the same he is entitled to now be given the arrears of pay by granting him the scales of the aforesaid two posts after deduction of what has already been paid to him. He came to this Court earlier in CWJC No. 3641 of 2005 with the prayer that his representation dated 31.10.2004 was pending for disposal. This Court directed the disposal of his representation within four months when the impugned order dated 9.1.2007 came to be passed. It denies him relief on the ground that he was never appointed/promoted to the higher post, but that he was only given officiating charge of the post while holding his substantive post in his lower post.

(3.) LEARNED counsel for the petitioner has relied upon a Bench decision of this Court reported in Dr. Sachita Kumar Sinha V/s. The State of Bihar and Others, 1995 1 PLJR 363 in support of his submission.