Ram Binod Singh vs State of Bihar and Others

Narayan Roy, J.—Heard counsel for the parties.

By this application, the Petitioner prays for issuance of a direction upon the Respondents to promote him in the scale of senior selection grade in Bihar Administrative Services pursuant to the recommendations of the Departmental Promotion Committee dated 11.1.1996, 24.2.1996 and 29.2.1996.

It is stated on behalf of the Petitioner that the Departmental Promotion Committee (hereinafter to be referred to as "DPC") recommended the case of the Petitioner and others for their promotion in, senior selection grade, but before the recommendation was approved by the Council of Ministers, the Petitioner superannuated on 29.2.1996.

From the writ application, it appears that the recommendation made by the DPC, as referred to above, was accepted and approved by the Council of Ministers on 15th July, 1996 after superannuation of the Petitioner.

The stand of the State now is that since the Petitioner retired prior to approval of the Council of Ministers to the recommendation made by the DPC, no right was created in the Petitioner to get the benefits of senior selection grade scale. The mere recommendation of the DPC to grant promotion to the Petitioner, in that view of the matter, will not create any right in the Petitioner to claim for promotion.

It is not the case of the Petitioner that the recommendation of the DPC was duly approved by the Council of Ministers while the Petitioner was in service, rather it appears to be a reverse case that much after superannuation of the Petitioner recommendation, of the DPC was acted upon and approved.

For the reasons aforementioned, therefore, the Petitioner would not be entitled for senior selection grade scale.

In that view of the matter, I do not ''find any merit in this application.

It is, accordingly, dismissed.