Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing the order as contained in memo dated 09.05.2007 whereby the claim of the petitioner for granting senior selection grade scale w.e.f 01.01.1996 i.e. from retrospective effect has been rejected and further prayer has been made for direction upon the respondents to extend the benefit of senior selection grade scale to the petitioner from the date on which his juniors have been granted benefits of senior selection grade scale with all consequential benefits.
(2.) The factual matrix, as delineated in the writ application, in a nutshell is that the petitioner was initially appointed as sub- Deputy Collector on 09.12.1974 and by passage of time he was extended the benefits of Junior Selection Grade Scale vide order dated 07.07.1993 w.e.f 03.09.1990 and by virtue of said promotion, he was posted as Under Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. Thereafter, for some charges, a department proceeding was initiated against the petitioner vide resolution dated 16.08.1996, which the petitioner challenged by filing writ application before Hon'ble Patna High Court. However, after bifurcation of the State of Bihar, the State of Jharkhand in which the petitioner was posted at the relevant point of time, dropped the proceeding so initiated against the petitioner vide order dated 27.08.2004 and basing on such development, the writ application so filed by the petitioner was disposed of.
(3.) It has further been averred that the petitioner had also filed one writ application, being C.W.J.C No 6495 of 2000 for direction upon the respondent to promote him in senior selection grade scale w.e.f 6.6.1996, which was disposed of vide order dated 12.01.2007 with a direction to the respondents to consider the case of the promotion in senior selection grade in accordance with law with all consequential benefits. Consequently, the petitioner represented before Commissioner-cum-Secretary Personnel and Administrative Reforms Department, Government of Bihar enclosing the order dated 12.01.2007 with a prayer to grant senior selection grade scale w.e.f 06.06.1996. In response thereof, the department communicated order dated 09.05.2007 by Secretary, Secretary, Personnel, Administrative and Raj Bhasha Department, Government of Jharkhand, Ranchi. It has been averred that since there was no compliance of the order dated 12.01.2007 by the State of Bihar, the petitioner filed a contempt petition being M.J.C No. 1903 of 2007, which was permitted to be withdrawn with liberty to assail order dated 09.05.2007 before this Hon'ble Court, which necessitated the petitioner to file the present writ application.;