- (1.) By the present writ petition the petitioner inter alia prays for a writ in the nature of Mandamus commanding the respondents to forebear from giving any effect or further effect to the orders dated November 20, 2007 and April 7, 2008, a writ in the nature of Mandamus commanding the respondents to cancel and rescind the said two orders and for other reliefs. The case of the petitioner inter alia is this that he was selected as a Sub-Inspector by the Railway Service Commission in the year 1958. He retired from his service on January 1, 1987. He was on sick leave from June 23, 1971 to September 26, 1971 and after he had joined he was required to handover the charge to one Mohd. Ishar Khan, Sub-Inspector and the petitioner reported to the appropriate authority on the next date. He was then asked to join his duties at Dhanbad. After he had joined his duties there he had written to the Chief Security Officer, Railway Protection Force (hereinafter referred to 'RPF', for short), Eastern Railways that he had assumed the charges. On or about February 5, 1973 the petitioner was placed under suspension on the ground that a CBI case was pending against him and a charge-sheet had been issued against him. Subsequently this charge-sheet was revoked and it was ordered that the petitioner would be entitled to get the difference of salaries if and when he would be discharged from the case. Such payment, however, had not been made. After his conviction and resultant sentence of imprisonment and fine by a Criminal Court the petitioner was dismissed from his service on 31st December, 1986. Against said conviction and sentence the petitioner filed an appeal in the Patna High Court in the year 2000. In appeal he was acquitted. Since the petitioner's request for reinstatement was not acceded to he had earlier filed a writ petition before this Court and the learned Single Judge by a judgment and order dated April 18, 2001 inter alia held that there was delay on the part of the petitioner in the institution of the present proceeding and admittedly the petitioner had not worked in the post till date as he was not reinstated. His Lordship held that the petitioner would be entitled to be paid 75 per cent of his salary and allowances collected on the basis of last pay drawn by the petitioner as and by way of back wages from the date of filing of the writ application. The respondents were directed to make the payment within three months. The learned Single Judge further granted liberty to the respondents to initiate such action as might be upon to them in law against him under the relevant rules. By the said order the writ petition was allowed and the impugned order dated December 31, 1986 was set aside. It was directed that the petitioner should be deemed to be in service continuously for all purposes except for back wages.
(2.) The respondents had filed an appeal against the said order and the Division Bench by a judgment and order dated January 8, 2004 had dismissed the appeal On March 13, 2004 the petitioner was reinstated in service and the petitioner prayed for consideration of promotion to the post of Inspector for which he was already selected.
(3.) The case of the petitioner is that he got promotion to the post of Inspector Grade-in, Protection Force, in the year 1973 and as such he is entitled to get the benefit of promotion to Grade-II with effect from 1973 and also entitled to get the promotion to the post of Inspector Grade-I, Protection Force with effect from April 1, 1983.;