Rajendra Prasad vs State of Bihar and Others

Mridula Mishra, J.—Heard counsel for the petitioner and the State. Petitioner has retired from service on 31.1.1996. At the time of his retirement the petitioner was posted as Range Officer. Petitioner''s grievance is that he was given promotion to the post of Range Officer vide office order No. 171 dated 27.12.1986 with effect from 8.12.1965 i.e. the date his juniors were promoted, but the petitioner was not given any promotional benefit relying on the circular of the Finance Department contained in Memo No. 2074 dated 4.4.1985. Since this circular of the Finance Department was quashed by the judgment of this court and the same is reported in Dr. Paras Nath Prasad Vs. State of Bihar and Others, , the petitioner is entitled for all promotional benefits including arrears of salary for the period 8.12.1965 and 8.12.1975. Further prayer of the petitioner is that the promotion for which he was entitled on the basis of seniority was not given to him but juniors to him were allowed promotion.

Considering the fact that the. petitioner has already retired in the year 1996, it will be proper that he may represent his case before the respondent authority and in case the petitioner files his application before the Commissioner-cum-Secretary, Forest and Environment Department, Government of Bihar, Patna, the respondent No. 2 will consider the case of the petitioner and allow him such benefits, if he is found entitled for the same. Accordingly this application is disposed of.