ASHOK KUMAR SINHA Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner had earlier approached the Patna High Court in CWJC No. 4163/96 (R) with the following prayers: -

(3.) IT appears that by the Resolution contained at Annexure -12 of Bihar State Electricity Board, the petitioner's claim for grant of Selection Grade with effect from 20th April 1975 as also Senior Selection Grade with effect from 20th April 1984 and for regularization of his services on the post of Superintendent (Physician) with effect from 01st May 1987 has been refused. The said resolution however is not under challenge in the present writ application, however except the relief sought for herein in respect of his claim for promotion to the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975, rest of the relief (s) are the same which has been refused by the said resolution. The claim of the petitioner lies on the basis of the Resolution dated 08th December 1980 (Annexure -1/1) wherein the Bihar State Electricity Board had taken a decision to grant Selection Grade post to different categories of officers by upgradation of corresponding posts in the respective original grade from the date and to the extent mentioned against each of them. At serial no. 2, apart from other post of Deputy Director of Accounts / Deputy Director of Personnel / Under Secretary or Senior Medical Officer also having scale of Rs. 1200 -60 -1800, a decision was taken to sanction 15% of sanctioned strength with effect from 01st January 1971 for Selection Grade Post. However, at paragraph -3 of the said resolution, it was categorically indicated that a minimum of 10 years of service shall be required to entitle an officer for Selection Grade with effect from 01st January 1971 and three years with effect from 01st January 1975 to the Senior Selection Grade. The petitioner admittedly was appointed as a Medical Officer on 20th April 1972. The petitioner had made out a case that there were three posts of Medical Officer in Patratu Thermal Power Station (PTPS), Patratu in the year 1975. However, the claim of the petitioner that he was the Senior Medical Officer at PTPS in the year 1975, is not borne out from the records as admittedly, he was promoted to the post of Senior Medical Officer by Notification No. 305 dated 22nd March 1999 at PTPS and moreover, one Mr. P. Roy who retired on 30.04.1987 from the post of Superintendent was senior to other Medical Officer including the petitioner at PTPS, Patratu.