AMAKESHWAR SAHAY, J. - (1.) HEARD the parties and with their consent, this writ petition is being disposed of at this stage itself.
(2.) THE petitioner is aggrieved by the Order contained in the proceedings of the Departmental Promotion Committee dated 05.05.2003, i.e. Annexure -7/2, by which the petitioner has been given Senior Selection Grade w.e.f. 01.02.1989 whereas, the petitioner has claimed the said benefits of Senior Selection Grade from 01.06.1988. Further claim of the petitioner is that on completion of four years' from the date he became entitled for Senior Selection Grade i.e. from 01.06.1988, he is entitled to Super Time Scale from 01.06.1992 which has been denied to him and, therefore, prayer has been made to direct the respondents to give him the Super Time Scale from 01.06.1992. The petitioner had moved this Court earlier by filing C.W.J.C. No. 1290 of 1993 (R) making a grievance that he was not being given seniority, promotion and monetary benefits with effect from the date from which he was actually entitled to such promotion. The said writ petition was disposed of by Judgment dated 25.02.2002, as contained in Annexure -5 to this writ petition, with a direction to the respondents, particularly respondent Nos. 2 and 3 to take final decision preferably within a period of one month in the matter of promotion to the petitioner to Junior Selection Grade/Senior Selection Grade post with effect from the date when juniors to the petitioner were promoted and also for payment of monetary benefits. When the said order was not complied with, the petitioner filed an application for initiating proceedings for contempt against the concerned respondents, which was registered as Contempt Case (C) No. 775 of 2002. It appears that after filing of said application for contempt, the respondents held a meeting of the departmental Promotion Committee and took a decision for recommending the case of the petitioner giving Senior Selection Grade with effect from 01.02.1989 and accordingly, a Notification dated 08.05.2003, as contained in Annexure -7/3, was issued by the respondents/State of Bihar, giving Junior Selection Grade from 01.06.1984 and Senior Selection Grade with effect from 01.02.1989. It is these two Annexures i.e. the proceedings dated 05.05.2003 (Annexure -7/2) and the Notification dated 08.05.2003 (Annexure -7/3) are under challenge in this writ petition.
(3.) THE admitted facts which were taken note of in the Judgment dated 25.02.2002, as contained in Annexure -5, ate reproduced hereinbelow: ¦ ¦ ¦ 4. From the pleadings of the parties, undisputed facts emerge are that petitioner joined Forest Service in 1957 and in 1975, he was put under suspension on certain charges and a depattmental proceeding was initiated against him. In 1977 the departmental inquiry was concluded and the petitioner was exonerated from all the charges leveled against him and suspension order was revoked with effect from the date of suspension and he was paid all the arrears towards his monthly salary. Because of the pendency of the departmental inquiry, the case of the petitioner for promotion was not considered in 1976 and one Nawal Kishore Prasad, junior to the petitioner was promoted in the Bihar Forest Service Cadre. The case of the petitioner for promotion was kept in abeyance. After the revocation of order of suspension, petitioner filed representation claiming his promotion with effect from 1976. In the year 1981, the case of the petitioner for promotion was considered and he was given promotion in the Bihar Forest Service Cadre. It is also admitted fact that seniority of the petitioner was restored with effect from the date when officers junior to the petitioner was promoted, but he was not given monetary benefits. In paragraph 19 of the writ application, it has been categorically stated that petitioner passed departmental examination in the year 1984. Petitioner's case is that one Bibhuti Bhushan Sinha also passed departmental examination alongwith the petitioner and was junior to him, was given promotion in the Junior Selection Grade with effect from 1987 vide Notification dated 15.11.1991. A copy of the notification has been annexed as Annexure -9 to the writ application. By that notification many persons junior to the petitioner were promoted to Junior Selection Grade. These statements have not been controverted by the respondents in their counter -affidavit. It is simply stated in para -20 of the counter affidavit that only those officers would be promoted to Junior Selection Grade post who are confirmed in the said post. Since, petitioner was not confirmed in the cadre of Bihar Forest Service, he was not given promotion. In para 21 of the counter -affidavit, it is stated that the case of the petitioner is under consideration before the State Government. In para 24 of the counter affidavit, vague statement has been made that the petitioner has now been confirmed and his case alongwith others for promotion to Junior and Senior Selection Grade Post is under active consideration of the Government. It appears that subsequently petitioner was given promotion to Junior Selection Grade in the post of Assistant Conservator of Forest with effect from 1986 instead of 1984, as claimed by the petitioner. ¦ ¦ ¦ ;