Research › Search › Judgment

Patna High Court · body

2003 DIGILAW 428 (PAT)

Md. Shamsul Hoda v. State Of Bihar

2003-04-16

NARAYAN ROY

body2003
Judgment 1. Heard counsel for the parties. 2. By this application, the petitioner seeks direction upon the respondents to pay him the monetary benefits of junior selection grade, senior selection grade and super-time scale and also to revise his pension etc. 3. According to the case of the petitioner, the petitioner superannuated while working as Assistant in Chapra Collectorate in 1995 and even though the departmental proceedings initiated against him were set aside by the Member, Board of Revenue, the authorities are not granting him the monetary benefits towards junior selection grade, senior selection grade and super-time scale. 4. Learned counsel for the petitioner submitted that no sooner departmental proceedings were set aside by the Member, Board of Revenue, the case of the petitioners could have been considered for his promotion, as prayed for by him, and he would be entitled for the monetary benefits as by now he has superannuated. 5. A counter affidavit has been filed on behalf of the respondents stating therein that in view of Rule 157 (J) of the Bihar Boards Miscellaneous Rules, the petitioner was required to pass the departmental examination and since he did not pass the departmental examination, he would not be entitled for promotion, as claimed by him. 6. Rule 157 (J) of the Bihar Boards Miscellaneous Rules has been interpreted by this Court in the case of Lala Devendra Prasad V/s.The State of Bihar and others, [ 2000 (1) PLJR 228 ]. This Court held : "As admittedly, there was no provision made to pass examination for promotion to Selection Grade scale on 1.4.1981 and even the executive order was issued subsequently on 29th april, 1985, on the basis of Rule as in vogue (old Rule 157J), there was no necessity to pass any such examination for promotion to Selection Grade scale. Thereby, the Respondents cannot reject the claim of petitioner for such promotion to Junior Selection Grade scale with fact from 1.4.1981 and Senior Selection Grade scale, on completion of requisite Kalawadhi (five years) i.e. from 1st April, 1986." 7. Thereby, the Respondents cannot reject the claim of petitioner for such promotion to Junior Selection Grade scale with fact from 1.4.1981 and Senior Selection Grade scale, on completion of requisite Kalawadhi (five years) i.e. from 1st April, 1986." 7. The provision as laid down in Rule 157(J) since has become redundant in view of the merger of the cadre of the Assistant, it would not apply in the given facts and circumstances of the case and the authorities were required to consider the case of the petitioner to give him promotional benefits, as claimed by him, in accordance with law. 8. On this limited question, this application is allowed and the impugned order as contained in Annexure-4 is set aside and the respondents-authorities are directed to consider the case of the petitioner in accordance with law to give him monetary benefits on account of the junior selection grade, senior selection grade and super-time scale and also to grant him consequential benefits towards his retiral dues. This exercise must be completed by the respondents concerned within a period of three months from the date of receipt/production of a copy of this order. No costs.