ADYA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for a direction upon the respondents for fixing the salary of the petitioner in terms of the scale of pay which is commensurate with the second time bound promotion which allegedly had been given to the petitioner with effect from 1.4.1994. There is also a prayer for a direction upon the respondent to pay the petitioner the arrears of salary accrued as per the scale of pay on the basis of time bound promotion from 1.4.1984 till the date of voluntary retirement by the petitioner on 21.8.85.

(2.) THE facts of this case in short are as follows: - The petitioner was appointed a compounder by the then District Board on 10th September, 1953 in the Pandarak District Board Dispensary. Thereafter, he was posted in the same capacity, at State Dispensary, Sanmera on 1.11.1961. Petitioner's claim is that his services were absorbed in the Government with effect from 1.9.1959.

(3.) FROM the counter affidavit it appears that the petitioner was an accused in connection with a criminal case and he was convicted and sentenced for life imprisonment from 28.2.1978 by the District & Sessions Judge, and the said ORDER :of conviction was affirmed by the division Bench of the High Court, by a JUDGMENT : and ORDER :dated 3rd July, 1985. In the concluding portion of the said JUDGMENT : of the Division Bench, it has been held as follows: - "As regards appellant Adya Singh, it has already been indicated above that the prosecution has succeeded in proving the guilt of this appellant that he killed the deceased Mahendra Singh intentionally by causing bullet injury to him by gun. As such, appellant Adya Singh is found guilty for the offence under section 302 I.P.C. and is hereby convicted for the same. The minimum punishment provided under Section 302 I.P.C. that is, imprisonment for life is awarded to him which would meet the ends of justice. His conviction under section 27 of the Arms Act is also awarded to him under this count."