KAILASH BEHARI MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. V. Shivnath, learned counsel for the petitioner and Mr. Rupesh Singh, J.C. to S.C.I. for the State - Respondents.

(2.) THE petitioner has made a prayer that his case for promotion to the super time scale be considered with effect from 01.03.1989, as other persons who are junior to him have been given the said promotion from the said date. The petitioner has also prayed for consequential benefits relating to fixation of his salary etc. on the basis of grant of the aforementioned promotion to the super time scale. The petitioner further prays that consequential calculations be also directed to be made in relation to his post retrial benefits. The petitioner was appointed as Lower Division Clerk on 23.06.1954 and was subsequently promoted to the post of Upper Division Clerk with effect from 19.12.1959. He passed the Accounts Examination on 30.06.1960. While he was posted as an Accountant at Sub -Treasury at Chatra, he was proceeded against for misconduct and was put under suspension with effect from 09.08.1975. A criminal case was also simultaneously initiated but that criminal case did not succeed as a result of which, the petitioner was discharged from the criminal charges. Finally however, an order was passed on 09.12.1988, vide Annexure -1 and from a perusal thereof, it is apparent that the petitioner, after having been found to be innocent and not guilty, the Departmental Proceedings were dropped and the period that had been spent under suspension was ordered to be treated as on duty.

(3.) AFTER reserving the post in the manner indicated above, the petitioner makes a grievance that persons junior to him (shown at serial Nos. 2 to 5 of Annexure -7) were given promotion but the petitioner was not considered. In the mean time on 31.08.1990, the petitioner retired. Thereafter on 08.09.1992 by Annexure -8, the benefit of 2 -1/2 percent super time scale was again given to other persons even junior to the petitioner but the petitioner was not given that benefit. The name of such persons are included at serial Nos. 8, 9, 10 and 12 of Annexure -8.