Lal Mani Prasad v. Chairman, Bihar Public Service Commission
1996-09-23
D.P.WADHWA, SUDHANSU JYOTI MUKHOPADHAYA
body1996
DigiLaw.ai
JUDGMENT D.P. WADHWA & S.J. MUKHOPADHAYA, JJ. 1. The writ petition has been filed by the petitioner challenging the order no. 67 dated 27th June, 1977, order no. 7 dated 15th April, 1980 as also order no. 389 dated 11th November, 1980, by which the contesting respondents were granted promotion in the Selection Grade Scale of Assistants with effect from 1st March, 1977, and subsequent dates. The petitioner has also challenged the order by which the representation of the petitioner has been rejected for such promotion with effect from 1st March, 1977. 2. Admittedly, the petitioner and the contesting respondents were appointed as Lower Division Assistants and were subsequently merged with the higher grade of Upper Division Assistants. The petitioner belongs to Scheduled Caste category. The respondent authorities considered the case of the contesting respondents for Selection Grade Scale of Assistants and they were granted such promotion vide impugned orders with effect from 1st March, 1977, and subsequent dates. The petitioner was not granted such promotion. However, he was granted Selection Grade Scale of Assistant with effect from the year 1980. In this background, the petitioner has filed this application for consideration of his case for promotion in the Selection Grade scale with effect from 1st March, 1977, on the ground that he belongs to Scheduled Caste category and one post, on the basis of roster point, could have been filled up by promotion from amongst the Scheduled Caste category. 3. It is evident from the pleadings made by the petitioner that he has not claimed for such promotion on the ground that the contesting respondents were junior to the petitioner as assistant. The claim of the petitioner is based on the question as to whether in the matter of promotion in Selection Grade Scale reservation policy was to be followed or not. 4. It is now well settled law that the promotion in the Selection Grade Scale is not at all a promotion in the eye of law. The word 'promotion' is practically redundant for all purposes. Grant of Selection Grade scale is grant of higher grade in the same cadre and not in any higher rank and/or cadre. No person is provided any higher status. Such being the position, according to this Court, provision of reservation is not at all applicable in the matter of grant of Selection Grade scale. 5. We find no merit in this application.
No person is provided any higher status. Such being the position, according to this Court, provision of reservation is not at all applicable in the matter of grant of Selection Grade scale. 5. We find no merit in this application. It is, accordingly, dismissed.