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2005 DIGILAW 888 (PAT)

Hanumant Lall v. State of Bihar

2005-09-27

body2005
NARAYAN ROY, J.:- Heard counsel for the parties. 2. The petitioner, in sum and substance, has prayed for issuance of a direction upon the respondents to shift his date of promotion from 1.3.1989 to 1.3.1986, in grant of senior selection grade scale. A further prayer has also been made to grant super time scale to the petitioner with due date and promote him to the post of Head Assistant. 3. The bone of contention of the petitioner in this regard is that since he had passed the departmental examination in the month of February 1986, he was entitled to get selection grade scale with effect from 1.3.1986. 4. It appears that the petitioner was granted the benefits of second time bound promotion with effect from 11.8.1986 and thereafter he was granted senior selection grade scale with effect from 1.3.1989. The petitioner, however, prays for shifting back the date of his promotion for the scale of senior selection grade scale. 5. It is submitted by learned counsel for the petitioner that senior selection grade scales were available when the petitioner had passed the departmental examination in February 1986, therefore, preference should have been given to the petitioner over the persons, who had not passed the departmental examination. 6. Learned counsel for the State and the private respondents, on the contrary, submitted that the petitioner being at serial no. 16 of the gradation list was given senior selection grade scale with effect from 1.3.1989, whereas the private respondents, who were above him in the gradation list, were granted senior selection grade scale with effect from the due date i.e. prior to 1.3.1989. It is further submitted that passing of departmental examination for promotion to selection grade was not necessary, as the provisions laid down in Rule 157(J) of the Bihar Boards Miscellaneous Rules (hereinafter to be referred to as "Rules") had become redundant in between 1.5.1980 and 29.3.1982, and, therefore, the grant of senior selection grade scales to the private respondents was wholly within jurisdiction irrespective of the fact that they have not passed the departmental examination. 7. Rule 157(J) of the Rules has been interpreted by this Court in the case of Md. Shamsul Hoda Vs. The State of Bihar and Ors. [2003(3) Patna Law Journal Reports 252]. 8. This Court relying upon the earlier judgment of this Court in the case of Lala Devendra Prasad Vs. 7. Rule 157(J) of the Rules has been interpreted by this Court in the case of Md. Shamsul Hoda Vs. The State of Bihar and Ors. [2003(3) Patna Law Journal Reports 252]. 8. This Court relying upon the earlier judgment of this Court in the case of Lala Devendra Prasad Vs. The State of Bihar and Ors. [2000(1) Patna Law Journal Reports 228] held: "The provision as laid down in Rule 157 (J) since has become redundant in view of the merger of the cadre of the Assistant would not apply in the given facts and circumstances of the case." 9. The main thrust of argument of learned counsel for the petitioner is that since the petitioner had passed the departmental examination in February 1986 and selection grade posts were available, preference would have been given to him. 10. In the counter affidavit, it is categorically stated that in 1986 persons senior to the petitioner were given senior selection grade scale and since his position was at serial no. 16. he was granted senior selection grade scale with effect from 1.3.1989. The petitioner was given junior selection grade scale with effect from 1.4.1981 alongwith others as there was no requirement of passing of departmental examination in view of Rule 157(J) of the Rules. 11. It is not the case of the petitioner• that senior selection grade post was kept in abeyance and the same was not given to the petitioner for some oblique purpose, rather from the facts, it appears that persons much senior to him were given the senior selection grade scale in preference to the case of the petitioner, who got the same at later stage with effect from 1.3.1989. 12. Regard being had to the facts and circumstances of the case and in view of the legal proposition, as noticed above, no relief can be granted to the petitioner for grant of senior selection grade scale with effect from 1.3.1986. 13. So far the other prayer of the petitioner with regard to super time scale and promotion to the post of Head Assistant is concerned, he may represent his case before the respondent authorities, which would be considered and disposed of in accordance with law. 14. With the direction/observation aforesaid, this application is dismissed. No order as to costs.