THE STATE OF BIHAR Vs. DR. MOHMUDUL HASAN

JUDGEMENT

(1.) Heard counsel for the State, the appellant. There is none on behalf of the private respondent despite valid service of notice.

(2.) The intra- court appeal has been preferred by the State against the order dated 24.07.2012 since the writ application of the private respondent was allowed and the relief, which has been granted, is being assailed. The learned Single Judge while considering the issue whether up-gradation of pay by virtue of 10 years of service put by a diploma holder amounts to promotion or not, had this to say :

(3.) Submission of the counsel for the appellants is that in terms of the Resolution dated 21.01.1959, it is a case of appointment and, therefore, it cannot be a case of up- gradation and once a person has got the benefit of appointment of a higher post, then the anti-stagnation measure will flow therefrom.