- (1.) LEAVE given to file Supplementary Affidavit and the same is kept with record. In spite of service, none appears to oppose this application.
(2.) THIS application is directed against the judgment and order dated 28th September, 2001. By the judgment and order impugned, the applicant's application for granting promotional benefit on reinstatement, after order of dismissal being set aside and consequential benefits for promotion order, was rejected.
(3.) THE short fact of the case, for which the application was filed before the learned Tribunal is set out hereunder : The applicant was appointed as Clerk-cum-Typist on 12th February, 1965 by the Deputy Director of Agriculture, Bankura Range. He was implicated in a criminal prosecution on or about 1972 and consequent thereupon, he was placed under suspension. The charge in the criminal prosecution was under section 161 of the Indian Penal Code and he was ultimately convicted. Naturally, the applicant was dismissed from services on 21st June, 1983. On appeal against the aforesaid conviction, this Court in Criminal Appellate jurisdiction was pleased to set aside the order of conviction, and the applicant was acquitted on merit. Naturally, the applicant was reinstated in services on 10th December, 1991. The applicant, on being reinstated, was continuously making representations for granting promotion to the next post of Upper Division clerk, which is an automatic one in course of service, with effect from 1st april, 1981, as if there has been neither order of dismissal nor any order of conviction. ;