MUDRIKA PRASAD Vs. THE STATE OF BIHAR, THE SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, THE HONBLE HIGH COURT OF JUDICATURE AT PATNA THROUGH THE REGISTRAR GENERAL AND THE ACCOUNTANT GENERAL

JUDGEMENT

(1.) THIS Petition under Article 226 of the Constitution is filed by one Mundrika Prasad, a retired Judicial Officer of the State of Bihar.

(2.) THE petitioner claims that he was a Sub -ordinate Judge in the Judicial Service of the State of Bihar as on 1st January 1985 and that he is entitled to be benefit of promotion to the 3rd Level Need Based Post as envisaged by the Government Resolution dated 12th April 1990.

(3.) PURSUANT to the said Resolution, 3rd Level Need Based Post i.e. two & half percent of 1213 sanctioned posts were identified under Government Resolution dated 4th April 1997. Pursuant to the said Resolution, under Notification dated 27th May 1998, as many as twenty one officers were allowed the higher pay -scale of 3rd Level Need Based Post with effect from 1st January 1986. According to the petitioner, some of them were junior to the petitioner. The petitioner should, therefore, be allowed the same benefit.