AMARESHWAR SAHAY, J. - (1.) HEARD the counsel for the parties.
(2.) IN this writ petition, the petitioner has prayed for a direction to the respondents to consider and grant promotion to the petitioner to the post of Sub Inspector of Police from the date his Juniors were given promotion to the aforesaid post with all consequential benefits. Further prayer of the petitioner is for a direction to the respondents to decide his seniority in his cadre pursuant to the order dated 02.12.1999 passed in C.W.J.C. No. 8126 of 1998. The case of the petitioner is that he was appointed to the post of Assistant Driver Constable on 18.09.1968and was subsequently absorbed as a Matriculate Constable vide Office Order No. 1537/ 69, dated 18.08.1969. Subsequently, he was transferred to the Bihar Police Radio, Patna on 01.03.1972. Thereafter, the petitioner was promoted to the post of Assistant Sub Inspector (A.S.I.) Wireless with effect from 22.12.1975.
(3.) THE petitioner states that when the persons junior to him, such as Deep Narayan Mishra, Ram Das Sharma, S. Chandra etc. were promoted to the post of A.S.I. w.e.f. 01.04.1975 but the petitioner was not given the said benefits he filed a Writ Petition being C.W.J.C. No. 8126 of 1998, which was disposed of vide Order dated 02.12.1999 with the following directions, to the respondents to determine the seniority of petitioner as matriculate constable (literate constable) on the basis of his date of absorption to the said post w.e.f. 18.08.1969 and then to the next higher post of A.S.I. (wireless) to be determined on the basis of guideline of the state and the date of promotion coupled with the position in the merit list, if any, prepared. On such determination of seniority as A.S.I. (Wireless) , if it is found that any person junior to him has already been promoted to the post of Sub Inspector of Police, the authorities will consider the case of petitioner for promotion to the post of Sub Inspector of Police from the date, immediate juniors were so promoted. ;