- (1.) BY the Court. -Heard learned counsel for the parties.
(2.) THE petitioner seeks direction upon the respondent to confirm the benefit of selection grade w.e.f. 1.8.1988 and super selection grade w.e.f 1.4.1992 and also to refund the amount illegally deducted from the salary of the petitioner and give all consequential monetary and other benefits. Earlier vide order dated 1.3.1995, contained at Annexure -6, issued by the Superintending Engineer, Dhanbad Circle of the Board, the benefit of the super time selection grade which was granted to the petitioner was revoked. The petitioner challenged the said order dated 13.2.1995 and 1.3.1995 before the Patna High Court, Ranchi Bench in CWJC No. 487 of 1999(R) on the plea that the order had been passed without notice revoking the promotion granted as far back as in the year 1990. This Court vide judgment dated 24.1.2001, quashed the order dated 13.2.1995 and 1.3.1995. However, it was observed that if the authority so desires, may proceed in accordance with law without being prejudiced by the order of this Court. The writ petition was allowed to the extent indicated therein. Thereafter, it is the case of the petitioner that neither the respondent -Board has issued any notice or show -cause to the petitioner in view of the liberty granted by the Court nor taking any decision for grant of benefit accruable to him on the basis of selection grade w.e.f. 1.8.1988 and super selection grade w.e.f. 1.4.1992. It has also been submitted that pursuant to the quashing of the impugned order the monetary benefits earlier recovered from the petitioner has also not been refunded. That is why, the petitioner has moved this Court again with the instant prayer.
(3.) LEARNED counsel for the respondent on the other hand, submits that order dated 23.11.1983. Annexure -3 was not an order of promotion and the same was not interfered by this Court while passing the earlier order. However, he has not been able to refute the legal position that after quashing of the order dated 13.2.1995 and 1.3.1995 by this Court earlier, neither the respondents have proceeded with fresh notice against the petitioner nor benefits of the said selection grade has been given to him. He, however, submits that respondents would be allowed to take an informed decision in the matter within a stipulated period in terms of the liberty granted earlier.;