TAPEN SEN, J. - (1.) HEARD Mr. Sumir Prasad, learned counsel for the petitioner. Nobody appears on behalf of the State -respondents although this is a part heard matter appearing at serial No. 2.
(2.) MR . Sumir Prasad concluded his arguments and therefore this Court, in the absence of any State - respondents, has no option but to proceed on the basis of the pleading made in the writ application. The petitioner has prayed for issuance of a writ of mandamus commanding upon the respondents to consider his case for promotion and also to pay the difference of scale in respect of the promotional benefits of super time senior scale with effect from 1.8.1995 as also difference of salary of office Superintendent with effect from 1.8.1997 together with penal interest at the rate of 24% per annum.
(3.) THE short facts which are necessary to be taken note of are that the petitioner was appointed as a Lower Division Clerk on 5.6.1958 in the Deputy Commissioner 'soffice at Dhanbad. His services were confirmed on 5.7.1974 by the Additional Collector, Establishment, Dhanbad. On 2.7.1978, a meeting of the Establishment Committee was held and promotion was given to various other persons on the post of Upper Division Clerk from the date of their joining. The petitioner 'sname was indicated at Serial No. 7 in the list of promotion along with three more persons namely Bharat Lal, Kedar Prasad Singh and Tarun Prasad Sinha. Subsequently, on 27.6.1985 by Annexure -3 a decision was taken once again showing the status of Assistants working in the Dhanbad Collectorate and the petitioner 'sname figured at Serial Number 86 showing his promotion on the post of Clerk as on 28.6.1971. Thereafter, the petitioner appears to have filed a representation before the Deputy Commissioner, Dhanbad on 27.7.1985 wherein he inter alia made a prayer that his position in the seniority list be corrected in as much as the other persons whose date of confirmation on the post of the clerk was much after the petitioner, were placed above his name. Mr. Sumir Prasad, in support of the aforementioned contention draws attention to Serial Nos. 81, 82 and 86 of Annexure -3 and submits that Kedar Prasad Singh was confirmed on 1.4.1978 and his initial date of appointment was 20.2.1961 and yet he had been placed at Serial No. 81 whereas the petitioner being senior to him has been placed at Serial No. 86.;