- (1.) HEARD counsel for the parties.
(2.) THE petitioner had earlier approached the Patna High Court in CWJC No. 4163/96 (R) with the following prayers: - "(i) For grant of Selection Grade with effect from 20.4.1975 to the petitioner in view of recommendation of Pay Revision Committee which is effective with effect from 1.1.1971 onward to all categories of officers adopting under section 79(1) of the Electricity (Supply) Act, 1948, and the order of the Board having no. 5056 dated 8.12.1980 regarding creation of Selection Grade post (annexure -3). (ii) For grant of Senior Selection Grade scale with effect from 20.4.1984 on completion of his nine (9) years service from the date of grant of Selection Grade as being done in all other categories of officers of the Board, i.e. Engineering, Accounts and Administration (Annexure -7) and (iii) For regularization of services of the petitioner on the post of Superintendent (Physician) with effect from 1.5.1987 in which post, the petitioner has already been Incharge, Superintendent (Physician) from that date under the approval of the Board.  The writ petition was disposed of by judgment dated 16th December 1997 by remanding the matter to the respondent Board to consider the case of the petitioner for promotion and take an appropriate decision in accordance with law within stipulated period. Representation of the petitioner was however rejected by order contained in Resolution No. 578 dated 17th June 1998 of the Bihar State Electricity Board issued under the signature of the Joint Secretary of the respondent Board (Annexure -12). The petitioner has once again come before this court with a prayer to grant him the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975 by making necessary correction in Notification No. 305 dated 29th March 1999 and in Senior Selection Grade with effect from 20th April 1984 and also to regularize his services in the post of Superintendent (Physician) with effect from 01st May 1987 with all consequential benefits.
(3.) IT appears that by the Resolution contained at Annexure -12 of Bihar State Electricity Board, the petitioner's claim for grant of Selection Grade with effect from 20th April 1975 as also Senior Selection Grade with effect from 20th April 1984 and for regularization of his services on the post of Superintendent (Physician) with effect from 01st May 1987 has been refused. The said resolution however is not under challenge in the present writ application, however except the relief sought for herein in respect of his claim for promotion to the post of Senior Medical Officer in Selection Grade with effect from 20th April 1975, rest of the relief (s) are the same which has been refused by the said resolution. The claim of the petitioner lies on the basis of the Resolution dated 08th December 1980 (Annexure -1/1) wherein the Bihar State Electricity Board had taken a decision to grant Selection Grade post to different categories of officers by upgradation of corresponding posts in the respective original grade from the date and to the extent mentioned against each of them. At serial no. 2, apart from other post of Deputy Director of Accounts / Deputy Director of Personnel / Under Secretary or Senior Medical Officer also having scale of Rs. 1200 -60 -1800, a decision was taken to sanction 15% of sanctioned strength with effect from 01st January 1971 for Selection Grade Post. However, at paragraph -3 of the said resolution, it was categorically indicated that a minimum of 10 years of service shall be required to entitle an officer for Selection Grade with effect from 01st January 1971 and three years with effect from 01st January 1975 to the Senior Selection Grade. The petitioner admittedly was appointed as a Medical Officer on 20th April 1972. The petitioner had made out a case that there were three posts of Medical Officer in Patratu Thermal Power Station (PTPS), Patratu in the year 1975. However, the claim of the petitioner that he was the Senior Medical Officer at PTPS in the year 1975, is not borne out from the records as admittedly, he was promoted to the post of Senior Medical Officer by Notification No. 305 dated 22nd March 1999 at PTPS and moreover, one Mr. P. Roy who retired on 30.04.1987 from the post of Superintendent was senior to other Medical Officer including the petitioner at PTPS, Patratu.;