- (1.) HEARD the parties.
(2.) THE petitioner retired from service as Assistant on 31.1.2002 while posted in Civil Court, Palamau at Daltonganj. His grievance is that though he was senior most Assistant in the District of Palamau, but a person junior to him namely Krishna Mohan Prasad i.e. the respondent no. -6, was promoted as Seristedar and was posted at Latehar on 29.9,2001 after the said District was newly created. The petitioner claims in this application that he should also be given promotional benefits from the date his junior was promoted i.e. 29.9.2001, and accordingly, his pensionary benefits should be revised. Further prayer of the petitioner is for direction to the respondents to pay ex -gratia compensation as he has been declared physically disabled during performing his duties. Lastly, his prayer is for payment of medical allowances to the tune of Rs. 2,50,000/ - which he incurred in his treatment. So far as the claim for promotional benefit to the post of Seristedar is concerned, admittedly, the District of Latehar was created on 29.9.2001, and a person was required to be posted as Seristedar at the newly created District on urgent basis. At that time, the petitioner though was senior most Assistant available was seriously ill and was under going treatment at Patna, therefore, he was not in a position to join as Seristedar at newly created District of. Latehar. He did not show his willingness also, and therefore, finding no other way, the next senior most person i.e. respondent No.6, Krishna Mohan Prasad, was posted as Seristedar on 29.9.2001 considering the present exigency at that time. The promotion of respondent No. 6 as Seristedar was purely provisional.
(3.) EVEN according to the petitioner he joined his service again only on 4.12.2001 after recovery from illness but as it appears that even thereafter he did not show his willingness to join at Latehar.;