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2005 DIGILAW 317 (PAT)

Madan Mohan Jha v. State Of Bihar

2005-03-16

NARAYAN ROY

body2005
Judgment 1. Heard counsel for the parties. 2. The petitioner seeks direction upon the respondents to appoint him to the post of Typist ASI (M). 3. It is submitted by learned counsel for the petitioner that the petitioner initially was appointed on compassionate ground on 12,2.1988 on the post of literate constable, as he was graduate. Thereafter he continued to work as literate constable and in the year 1998 he appeared in the preliminary test, which was held to select persons for promotion to the post of Typist ASI(M) and the petitioner passed the preliminary test, which would be evident from annexure 3 and thereafter final test was not taken by the authorities nor he was considered for promotion though he is working on the post in the scale of Rs. 4000-6000, which is prescribed scale of Typist ASI (M)/ASI. It is further stated that even though he has not been promoted to the post of Typist ASI(M)/ASI he is getting his scale since 12.2.2000 and is performing the duties of Typist ASI(M). 4. From the counter affidavit fifed on behalf of the respondents, it appears that though the petitioner has passed the preliminary test final test has not been conducted by the police headquarters. 5. It is contended by learned counsel for the petitioner that earlier the petitioner had moved this Court for the same self relief and this Court vide order, as contained in annexure 11, disposed of the writ application directing the respondents to take a decision in the matter and appoint thepetitioner to the post of the Typist ASI (M) in accordance with law. 6. From the pleadings of the parties it appears that though the petitioner is working on the post as such and is getling the scale of Typist ASI(M}/ASI, but formally he has not been promoted to that post due to laches of the respondents. 7. Since the petitioner has already passed the preliminary test, it was incumbent upon the respondents to hold the final test. 8. 7. Since the petitioner has already passed the preliminary test, it was incumbent upon the respondents to hold the final test. 8. Considering the facts and circumstances of the case and in the background, as referred to above, the Director General of Police, Government of Bihar, is directed to consider the case of the petitioner for his promotion to the post of Typist ASI(M)/ASI in accordance with law keeping in view the fact that he is already getting the promotional scale within a period of six weeks from the date of receipt/production of a copy of this order. 9. With the direction/observation aforesaid, this application is, accordingly, disposed of.