GIRDHARY KUMAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the petitioners and the State.

(2.) The petitioners, who are members of Bihar Police Service, have approached this Court for setting aside the order contained in Memo No. 5682/P-2 dated 16.05.2017 passed by the Principal Secretary, Department of Home, Government of Bihar, Patna whereby the date of promotion of the petitioners, which was granted to them earlier has been shifted forward as well as for a direction to the respondents to attach to the services of the petitioners seniority with effect from the date of their reversion to the general cadre from the cadre of Stenographer / Assistant Sub-Inspector of Police.

(3.) The petitioners were appointed as Stenographers/Assistant Sub-Inspectors in the years 1988-89. They were retained in the aforesaid closed cadre of the Stenographers / ASI for more than five years when they should have been ordinarily reverted to the general cadre in view of Appendix 42(5) of The Bihar Police Manual, 1978. The provision of Appendix 42(5) of The Bihar Police Manual is being extracted below for ready reference: