RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Rajiv Sinha, learned counsel appearing for the petitioner, Mr. Ashish Kumar Jha, learned J.C. to Sr. S.C.I for the respondents-State of Jharkhand and Mr. Pankaj Kumar, learned counsel appearing for the respondent-State of Bihar.
(2.) In this application, the petitioner has prayed for declaration that the Notification bearing No. 3255 dated 11.1.2009 by which the petitioner has been given promotion in the pay scale of Rs. 10,000-15,200/- with immediate effect is not correct to the extent it related to the effective date of promotion, as the petitioner is entitled to the said promotion w.e.f. 27.10.1996. A further prayer has been made for declaration upon the respondents to grant promotion on the post of Joint Director in the pay scale of Rs. 12,000-16,500/- w.e.f. 27.10.1999 and in the pay scale of Rs. 14,300-18,300/- after completion of 5 years of scale based Kalawadhi in view of the Resolution dated 5.7.2002 issued by the department of Personnel, Administrative Reforms and Rajbhasha. Briefly stated the facts of the case are that the petitioner was appointed as Agriculture Inspector in the year 1975. The petitioner was appointed on the post of basic grade of Bihar Agriculture Service in the same pay scale of subordinate service in the month of March, 1985. He was appointed on the post of basic grade of Bihar Agriculture service by way of promotion on the recommendation of the Bihar Public Service Commission w.e.f. 27.10.1986. On the representation made by the petitioner for promotion, recommendation was also made for promotion to Class I post w.e.f. 17.10.1991 by the Departmental Promotion Committee held on 24.4.1995. However due to some dispute in the reservation policy, the recommendation was not given effect to. The Departmental Promotion Committee once again recommended for promotion of the petitioner in Class-I post in the junior selection grade w.e.f. 27.10.1991 and the petitioner was granted promotion. The petitioner claims that he was entitled to get the Senior Selection Grade w.e.f. 27.10.1996 on completion of 5 years for which representations were filed but the same was of no avail. In the meantime vide departmental letter No. 1177 dated 29.7.2006, the petitioner was allocated the State of Jharkhand wherein he gave his joining. The petitioner represented the authorities as he claimed to be entitled to be promoted as Deputy Detector w.e.f. 27.10.1996, Joint Director w.e.f. 27.10.1999 and thereafter as Additional Director/Director in the same of Rs. 14,300-18,300. However since the same was considered the petitioner preferred a writ petition being W.P. (S) No. 2508 of 2007 which was disposed of with a direction to the respondents to consider the representation and pass appropriate orders. Since the order passed in W.P. (S) No. 2508 of 2007 was complied with a contempt application being Contempt Case (Civil) No. 22 of 2008 was preferred. During the pendency of the contempt application, the impugned letter was issued in which the petitioner was granted promotion on the post of Deputy Director Soil Conservation w.e.f. from the date of issuance of the notification.
(3.) It has been stated by Mr. Rajiv Sinha, learned counsel for the petitioner that the Departmental Promotion Committee had recommended for grant of only one promotion and it has remained silent with respect to the subsequent promotions which the petitioner is entitled. Mr. Sinha farther sub-units that the Kalawadhi is scale based and the promotion earned by the petitioner in terms of the existing resolution dealing with Kalawadhi cannot be denied to the petitioner. Learned counsel further submits that the petitioner has worked on the promotional post throughout his service career and it is absolutely clear that in spite of promotional posts available no person had been granted regular promotion after coming into existence of the State of Jharkhand. It has further been submitted that the Department of Personnel, Administrative Reforms and Rajbhasa vide resolution dated 19.6.2007 has clarified that promotion from the scale of Rs. 10,000-15,200 to Rs. 14,300-18,300 can be granted to the employees who have completed the requisite Kalawadhi of 10 years. Learned counsel submits that the promotion of the petitioner to the post of Deputy Direction had become due on 27.10.1996 and after completion of 10 years, the petitioner automatically became eligible for grant of pay scale of Rs. 14,300-18,300 w.e.f. 27.10.1996. Learned counsel has also referred to the (sic) treatment meted out to the petitioner. It has further been stated that the petitioner's promotion although became due w.e.f. 27.10.1996 but taking into consideration the letter issued by the Department of Personnel, Administrative Reform and Rajbhasha, Bihar dated 16.05.1978, the petitioner is entitled to one year relaxation from the fixed Kalawadhi, which entitles the petitioner for the promotion in the senior selection grade w.e.f. 27.10.1995, which is before 1.1.1996. It has also been stated that in the case of Smt. Basanti Tirkey, the State granted privilege of one year relaxation based on the circular dated 16.5.1978.;