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2002 DIGILAW 819 (PAT)

Ramayan Dass v. State Of Bihar

2002-07-30

CHANDRAMAULI KR.PRASAD

body2002
Judgment 1. This application has been filed for quashing the order dated 6th of May, 2002 (Annexure-8) whereby the claim made by the petitioner to consider him for promotion in the similar manner as that of General Cadre Constable of the Bihar Military Police has been rejected. 2. Petitioner is a Band Constable in the Bihar Military Police. Earlier he filed C.W.J.C. No. 1992 of 1992 before this Court, inter alia, seeking for a direction from this Court to consider him for promotion as Hawildar Constable in the same manner as those of general cadre constables of the Bihar Military Police. This Court by order dated 6.2.2002 disposed of the writ application with a direction to the petitioner to file a fresh representation before the authorities concerned, who, in turn, were directed to dispose of the same in accordance with law. Petitioner, in pursuance of the said order, filed representation (Annexure 7) and by the impugned order, same has been rejected. 3. Counsel appearing on behalf of the petitioner submits that the petitioner was appointed in the same manner as that of the Constables of the general cadre and in that view of the matter, petitioner should be given promotion in the same manner as has been given to the Constables of the general cadre. Petitioner has averred that his scale of pay is the same as that of the general cadre Constables. It has also been pointed out that many a times petitioner, who is a Band Master, is asked to perform the duties which are given to the general cadre constables. Petitioners further plea is that Constables of other trades have been given benefit for promotion in the same manner as that of Constables of general cadres. In the aforesaid premises, the submission of the learned counsel for the petitioner is that he has been treated discriminately. 4. Even I assume in favour of the petitioner in respect of factual assertion, no case of discrimination is made out. May be that process of recruitment and the pay scale of Band Constables and general cadre Constables are the same but that itself shall not make them members of one cadre. In many services and cadres appointments are made by the same process and their scales of pay are same, still after the appointments employees joining different services and cadres do not enjoy the same benefit. 5. In many services and cadres appointments are made by the same process and their scales of pay are same, still after the appointments employees joining different services and cadres do not enjoy the same benefit. 5. It has not been disputed that Band Constable belonged to a different cadre and hence the members of this Cadre shall be governed by its own rules. Band Constables and general cadres and in that situation the question of discrimination between them does not arise at all. 6. It is not the stand of the petitioner that Band Constables have no chance of promotion but his plea is that the constables of general cadre have better chances of promotion. This itself shall not entitle him for the same treatment. 7. Application stands dismissed in limine.