D.G.R.PATNAIK, J. - (1.) PETITIONER , in this writ application, has prayed for the following reliefs: (a) For issuance of a writ of certiorari for quashing the district order No. 1418 dated - 17.11.2000, issued pursuant to the order dated -09.11.2000, by the Director General of Police, Bihar. (b) For issuance of a writ in the nature of mandamus commanding upon the Respondents to promote the petitioner to the post of Steno/Typist A.S.I. (c) For a direction to the Respondents to pay the petitioner his salary for the post of Steno/Typist A.S.I. on which, he has been officiating since, 1997.
(2.) COUNTER affidavit has been filed on behalf of the Respondents. Heard the learned Counsel for the petitioner and learned Counsel for the Respondents.
(3.) FACTS of the petitioner's case are as follows: The petitioner was appointed as a Constable in the year 1988 in the State Police Service and after his completing the requisite Training, he was posted in the Office of the Superintendent of Police, Palamau, where he was allotted the work of Steno/Typist. His superiors in Office, including the Deputy Inspector General of Police and the Inspector General of Police, recommended his name vide Annexure -1 series, to post him as a Typist -cum -Steno A.S.I. On considering the recommendations, the petitioner was promoted to the post of Steno/Typist A.S.I. on ad hoc basis initially for a period of four months and a recommendation was forwarded to the Headquarters, Bihar for his regular promotion by the Deputy Inspector General of Police. Instead of regularizing his services on the aforesaid post, by the orders of the Superintendent of Police of the District where the petitioner was employed, the petitioner was reverted to the post of Constable and posted in the District Police in the Department. m However, subsequently, by the orders of the Inspector General of Police, the petitioner was again granted ad hoc promotion on 24.10.2000 to the post of Steno/Typist, A.S.I. Thereafter, at the. time of bifurcation of the State of Bihar, the Deputy Inspector General of Police, Headquarters, Bihar, issued an order on 09.11.2000 for reverting the petitioner to the post of Constable and this order was implemented by the impugned order dated -17.11.2000 (Annexure -4). The petitioner claims that against the aforesaid order, he had submitted several representations, but the same were not considered. The petitioner 'sgrievance is that he had admittedly, officiated in the higher post of Steno/Typist A.S.I. for a considerable period continuously and was therefore, entitled to be promoted to the aforesaid post. His further grievance is that though he was made to officiate and work on the higher post of Steno/Typist, A.S.I. but he was never paid the salary applicable to the aforesaid post nor was he given any officiating pay at all, although he has been working on the post since 1997 and he is still working on the aforesaid post. The petitioner's further grievance is that another co -employee, namely, one Ramnath Pandey, who was also inducted in service initially' as a Constable and was granted ad hoc; promotion to the post of Steno/Typist A.S.I., his services have since been regularized on the higher post, whereas the petitioner has been arbitrarily reverted to the post of Constable instead of regularizing him on the post. ;