AMARESHWAR SAHAY, J. - (1.) THE petitioner, in this writ application has prayed for quashing of Notification as contained in Annexure - 5 dated 15.1.1996, issued by the Government of Bihar, Department of Mines and Geology, by which. Indra Deo Paswan, District Mining Officer was promoted to the post of Deputy Director (Mines) with retrospective effect from 21.6.1993, whereas the petitioner was promoted as Deputy Director (Mines) with effect from 1.2.1994. The further prayer of the petitioner in this writ application is to quash the Notification dated 5.3.1995 issued by the Government of Bihar, whereby the respondent No. 4, Indra Deo Paswan was made Additional Director (Mines) on officiating basis.
(2.) THE case of the petitioner is that he was promoted to the post of District Mining Officer on 29.1.1972, whereas the respondent No. 4 was appointed as District Mining Officer on 21.6.1983. It is said that the petitioner as well as the respondent No. 4, Indra Deo Paswan were made the Deputy Director of Mines vide Notification dated 20.6.1986 as contained in Annexure -2 to the writ application. The grievance of the petitioner is that by issue of Annexure -5 i.e. the Notification dated 15.1.1996, the respondent No. 4, who was much junior to the petitioner, was promoted to the post of Deputy Director on regular basis as Deputy Director of Mines, with effect from 21.6.1993, whereas the petitioner being the senior most was promoted on regular basis to the post of Deputy Director (Mines) with effect from 1.2.1994, which was absolutely illegal. It is stated that though the petitioner represented the matter raising his objection and grievance but nothing was done and subsequently by issue of Annexure -7, the Notification dated 5.3.1997, the respondent No. 4 has illegally been made Deputy Director (Mines).
(3.) LEARNED counsel for the petitioner Mr. Kalyan Roy stated that during the pendency of this application, the petitioner has already superannuated and, therefore, now he is confining his prayer to give the benefit of promotion to the petitioner to the post of Deputy Director of Mines at least from the date, from which, the respondent No. 4 was given promotion i.e. with effect from 21.6.1993 and he be given all consequential monetary benefits.;