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2005 DIGILAW 318 (PAT)

Md. Qaiser Ali v. State Of Bihar

2005-03-16

NARAYAN ROY

body2005
Judgment 1. Heard counsel for the parties. 2. The petitioner has prayed for issuance of direction upon the respondents to grant him promotion in the rank of junior selection grade with effect from the due date his juniors were promoted. 3. It is submitted by learned counsel for the petitioner that the juniors to the petitioner were promoted in junior selection grade with effect from 2.7.1998, but for the reasons best known to the authorities, the petitioner was not granted junior selection grade. It is further submitted that during pendency of this application, the petitioner has been promoted in junior selection grade with effect from 8th October, 2002, which would be manifest from Annexure A to the supplementary counter affidavit filed on behalf of the respondents. 4. Now it is contended by learned counsel for the petitioner that since the petitioner was eligible for junior selection grade scale in the year 1998 and admittedly, his juniors were promoted with effect from 2.7.1998, the petitioner would be entitled for promotion in junior selection grade with effect from the due date i.e. 2.7.1998. it is further contended that at the relevant time, when his juniors were promoted no proceeding, whatsoever, was pending against the petitioner. 5. Learned counsel for the State, however, submitted that at the relevant time, when juniors to the petitioner were considered for promotion, the petitioner was facing a charge. However, no mention has been made in the counter affidavit filed on behalf of the respondents as to what was the nature of the charges and as to whether he was finally found guilty for the charges; rather it appears from the counter affidavit that the petitioner was considered for promotion though belatedly. 6. From the materials, as noticed above, it appears that the petitioner had unblemished career, and, therefore, he was subsequently found eligible for junior selection grade and vide order, as contained in annexure A he was granted junior selection grade scale with effect from 8.10.2002. In case, the petitioner had unblemished career and no proceeding, whatsoever, was pending against him, in normal course, he would be entitled for the benefits from due date with effect from the date, from which his juniors were promoted. 7. In case, the petitioner had unblemished career and no proceeding, whatsoever, was pending against him, in normal course, he would be entitled for the benefits from due date with effect from the date, from which his juniors were promoted. 7. Considering the facts and circumstances of the case, the State authorities are directed to grant junior selection scale to the petitioner with effect from 2.7.1998, the date his juniors have been granted the same within a period of three months from the date of receipt/production of a copy of this order. 8. With the direction/observation aforesaid, this application is disposed of.