Bal Krishna Tiwari vs The State of Bihar and Others

V.N. Sinha, J.—Petitioner, who is an Officer in the Bihar Forest Service, is aggrieved by the order dated 3.9.2005, Annexure-12, whereunder his claim for grant of promotional benefit of the post of Assistant Conservator of Forest with effect from 31.12.1981, the date on which his junior, Sri Ajit Kumar Azad was allowed promotional benefit, vide notification No. 4605 dated 31.12.1981, has been refused with further direction that petitioner is not even entitled for grant of Junior/Senior Selection Grade and Super Time Scale, as he failed to pass the departmental examination. It is submitted on behalf of the counsel for the petitioner, with reference to the orders of the State Government dated 6.3.1987, Annexure-2 that appreciating the fact that his junior, Sri Ajit Kumar Azad was allowed promotional benefit of the post of Assistant Conservator of Forest with effect from 31.12.1981, petitioner was also allowed the benefit of notional promotion with effect from that date but without financial benefit with effect from that date. It is further submitted that once the notional promotion has been allowed with effect from 31.12.1981 then financial benefit of the promoted post of Assistant Conservator of Forest should also be paid with effect from 31.12.1981 and appreciating such fact the Bihar Public Service Commission also had recommended for grant of promotion on the post of Assistant Conservator of Forest to the petitioner with effect from 31.12.1981, which fact is admitted in paragraph 1 of the impugned order dated 3.9.2005.

So far grant of Junior/Senior Selection Grade and Super Time Scale with effect from 1991 is concerned, in my opinion, the prayer appears to be misconceived as petitioner was exempted from passing the departmental examination for becoming eligible for such promotion, in the circumstances, he can be considered for such promotion with effect from 16.3.1992, the date he was exempted from passing the departmental examination and not for the period earlier thereto.

Having heard counsel for the parties, I direct the Respondent authorities to grant monetary benefit of the post of Assistant Conservator of Forest to the petitioner with effect from 31.12.1981, the date his junior, Sri Ajit Kumar Azad was allowed such benefit and thereafter the authorities should also consider his case for grant of Junior/Senior Selection Grade with effect from 16.3.1992, the date he was exempted from passing the departmental examination. Monetary benefit in compliance of this order should be paid to the petitioner as early as possible, in any case within three months from the date of receipt/production of a copy of this order. The orders considering the grant of promotion in the Junior/Senior Selection Grade and Super Time Scale should also be passed within the same time. This application is, accordingly, disposed of. No cost.