Murari Krishna Prasad Sinha v. State Of Bihar — 1996 DIGILAW 733 (PAT)

Judgment P. K. Sarin, J. 1. - The writ Petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing of the order dated 20-9-95 issued by respondent No.3 by which the date of confirmation of the petitioner has been fixed as 1-3-1975. Further relief has been sought for a direction to the respondents to fix the seniority of the petitioner in the rank of dy. S. P. treating the petitioner on probation as inspector with effect from 26-6-71 and to promote, the petitioner from the date when the persons junior to the petitioner, namely, Ramjas Singh and Braj Bihari Prasad have been promoted to the rank of Dy. S. P. with effect from 25-10-75. A copy of the impugned order dated 20-9-95 is at an-nexure 7 of the petition. 2. The impugned order shows that the petitioners seniority as Inspector has been fixed from the date of his of ficiation. However, his date of confirmation has been fixed as 1-3-1975. 3. The contention of the learned counsel for the petitioner is that the petitioners date of confirmation ought to be after the expiry of two years from 26-6-71 when he was promoted as of-ficiating Inspector. The petitioner had earlier come to this Court in C. W. J. C. No.8308 of 1992 and this Court by its order dated 11-11-1992 (copy at annexure 1) directed the State to grant benefit of continuous officiation to the petitioner for determining the inter se seniority and also the consequential promotion. A chart has been given at annexure 11 in which the date of confirmation of Shri Braj Bihari Prasad who was promoted to the rank of Inspector on 27-7-71 has been given on 27-7-73 and the date of promotion to the rank of Dy. S. P. has been given as 23-10-75. The learned Counsel for the petitioner contends that an Inspector is to be confirmed after expiry of two years of his promotion and the petitioner should also have been confirmed on 26-6-73 after expiry of two years and was done in the case of Shri Braj Bihari Prasad. Learned Counsel has pointed out that the probation period is only two years. In that counter-affidavit it has not been stated that the petitioners confirmation was deferred at any time on account of any valid reason. Learned Counsel has pointed out that the probation period is only two years. In that counter-affidavit it has not been stated that the petitioners confirmation was deferred at any time on account of any valid reason. The name of Shri Braj bihari Prasad appears to be similar to the name of the present petitioner as shri Braj Bihari Prasad was also appointed as officiating inspector with effect from 27-7-71 and he has been confirmed with effect from 27-7-73. Therefore, there appears to be no justification for the respondents to treat the petitioner differently. In these circumstances, the grievance of the petitioner is justified that his date of confirmation with effect from 1-3-75 has been wrongly fixed while it ought to have been 26-6-73. 4. The next grievance of the petitioner is that although he has been promoted to the rank of Dy. S. P. , but he has been granted promotion reckoning his seniority from the date of his confirmation, i. e.1-3-1975 as has been shown in the impugned order while his junior shri Braj Bihari Prasad was promoted to the rank of Dy. S. P. with effect from 25-10-75. The petitioner appears to have been promoted in the rank of Dy. S. P. on 14-8-81. The contention of the learned Counsel for the petitioner is that for the purposes of promotion to the rank of Dy. S. P. , the petitioners seniority ought to have been considered from 26-6-71 as the respondents themselves have fixed the seniority of the petitioner taking into account the date of officiation in the rank of Inspector. The contention of the learned Counsel for the petitioner further is that Shri braj Bihari Prasad who is junior to the petitioner has been given promotion with effect from 25-10-75 in the rank of dy. S. P. It has been pointed out that shri Braj Bihari Prasad and filed a writ c. W. J. C. No.697 of 1995. A copy of the order of this Court is at annexure 4 which shows that earlier Shri Braj bihari Prasad was granted promotion to the rank of Dy. S. P. with effect from 11-7-1981. Shri Braj Bihari Prasad had pleaded in the said writ petition that he ought to have been given promotion with effect from 25-10-1975. A copy of the order of this Court is at annexure 4 which shows that earlier Shri Braj bihari Prasad was granted promotion to the rank of Dy. S. P. with effect from 11-7-1981. Shri Braj Bihari Prasad had pleaded in the said writ petition that he ought to have been given promotion with effect from 25-10-1975. The promotion of Shri Braj Bihari Prasad was earlier granted on the basis of his date of confirmation on the post of Inspector. This Court by order passed in the said writ petition directed the seniority of Shri Braj Bihari Prasad in the rank of Inspector to be taken with effect from 27-7-71 and accordingly he was directed to be considered for promotion with effect from 25-10-1975. In pursuance of the said order of this court in respect of Shri Braj Bihari prasad, he has been promoted with effect from 25-10-75 as would be evident from annexure 5 of the petition. The case of the petitioner is squarely covered by the observation in respect of legal position made in C. W. J. C. No.697/95. The petitioners case for promotion also ought to have been considered reckoning his seniority with effect from 26-6-71 and not from 1-3-75. The petitioner ought to have been considered for promotion to the rank of Dy. S. P. atleast from 25-10-75 when his junior Shri Braj Bihari Prasad has been granted promotion. I need not to state the legal position that the date of confirmation has no role to play in the matter of seniority and the promotion is to be considered on the basis of the date from which seniority is reckoned and not on the basis of the date of confirmation. 5. The learned Counsel for the respondents has conducted that the petitioners promotion was ad hoc in 1971 and cannot get any benefit of that ad hoc promotion. I do not think that now such a plea is open to the respondent after the decision of this Court in earlier writ petition C. W. J. C. No.8308 of 1992 (filed by the petitioner ). Further, the petitioner has been granted seniority with effect from his date of continuous officiation within 26-6-71 by the impugned order itself. As such, there is no scope for agitating the same matter regarding seniority after passing of the impugned order. 6. Further, the petitioner has been granted seniority with effect from his date of continuous officiation within 26-6-71 by the impugned order itself. As such, there is no scope for agitating the same matter regarding seniority after passing of the impugned order. 6. In the circumstances, the petitioner is entitled to be considered for promotion to the rank of Dy. S. P. with effect from 25-10-75 when his junior Shri Braj Bihari Prasad has been promoted to the rank of Dy. S. P. and after such consideration of his promotion he shall also be entitled to all the consequential benefits like grant of junior selection grade, senior selection grade etc, in the rank of Dy. S. P. from the due dates with reference to the date of his promotion. The petitioners date of confirmation in the rank of Inspector shall be treated with effect from 26-6-73. The respondents are directed accordingly. The consideration of the matter of promotion in the light of the directions given above shall be made within a period of six weeks from the date of receipt/production of a copy of this order by the concerned authorities as the petitioner is going to superannuate at the end of December, 1996. Accordingly, the writ application is disposed of with the above observations and directions. Order Accordingly.