SHISHIR KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Sunil Kumar, learned counsel for the petitioner and learned Standing Counsel No. 1, for the State.

(2.) THE petitioner seeks quashing of memo no. 3296 dated 25.3.2004 (Annexure -6) by which the representation of the petitioner for grant of consequential benefits of promotion in the rank of Sargeant Major with effect from 22.7.1981 and in the rant of Deputy Superintendent of Police with effect from 17.6.1994, has been rejected.

(3.) BY order dated 28.3.2001 passed by the Deputy Inspector General (Human Right) Bihar, Patna, the petitioner was granted promotion notionally with effect from 22.7.1981, the date on which his juniors had been promoted, but the financial benefits of the promotion were denied to him on the plea of the Finance Department memo no. 2074 dated 4.4.1985, Rule 58 of the Bihar Service Code and Rule 74 of the Bihar Financial Rules. Thereafter, by a further order dated 27.11.2003 of the Government of Bihar, in the Home (Police) Department, the petitioner was granted notional promotion on the post of Deputy Superintendent of Police with effect from 17.6.1994 but again the financial benefits of promotion with retrospective effect was not granted relying upon the circular dated 4.4.1985 of the Finance Department. Aggrieved by the same the petitioner filed a representation before the authorities which has been rejected by the impugned order dated 25.3.2004 (Annexure -6) passed by the Government of Bihar in the Home (Police) Department. The petitioner has thus come to this Court.