JWALA PRASAD SINGH Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) 1. This application has been filed by the petitioner, a Deputy Superintendent of Police, under Articles 226 and 227 of the Constitution of India, praying for the following reliefs:--

(2.) The relevant facts mentioned in the writ application are as follows: The petitioner was directly recruited as a probationary Deputy Superintendent of Police on the 7th March, 1949 and according to Bihar and Orissa Police Manual, such a directly recruited officer is to be confirmed at the end of his period of probation for three years, if he has shown himself fit to perform the duties of a Deputy Superintendent during the period of his probation and he has passed the departmental examination within the specified period. The relevant rule is Rule 648A. The petitioner passed his departmental examination during the period of his probation, but he was not formally confirmed at the end of three years of the appointment. Ultimately, the petitioner was confirmed with effect from the 7th March, 1958, after his probationary period was extended. If the petitioner had been confirmed on the due date, the stage of crossing the first efficiency bar in the old scale of pay of Rs. 220-25-320-E. E.-25-670-M. B.-20-50 would have been reached on the 7th March, 1954. On being confirmed in 1958, the petitioner sent a representation dated the 9th Dec., 1958 to the State Government (Annexure 4) praying that he may be confirmed from 1952 and be allowed to cross the efficiency bar from 7th March, 1954. It is said that this representation has not been disposed of by any specific order. On the 14th Oct., 1960 the State Government issued a direction to the Accountant-General, Bihar referring to the subject as "Grant of increments to the Deputy Superintendents of Police, question of allowing the pay at the stages to which they would have been entitled if their pay had not been held up for delay in the confirmation." It will be necessary to quote this letter in full as follows:--

(3.) This order would be applicable to all Deputy Superintendent of Police in service on 27th April, 1960. A copy of this letter has been given as Annexure 1. [By Annexure 8 appended to the supplementary affidavit, filed on behalf of the petitioner, a direction was given by the State Government to the Accountant-General, Bihar, dated the 28th Aug., 1963, by which the words "for the delay in fulfilling the departmental obligations", occurring in Annexure 1, should now be read as "for delay in confirmation". This fresh direction was to be effective from the 14th Oct., 1960].