Sri Ganesh Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1913 of 2015 IN Civil Writ Jurisdiction Case No. 1881 of 1998 =========================================================== Sri Ganesh Ram S/o Late Sri Singhasan Ram, resident of Village- Kandsar, P.O.- Kandsar, P.S.- Nawanagar, Buxar, Posted as Resrved Inspector Training, Task Force, Patna.

.... .... Appellant/s

Versus

1. The State of Bihar.

2. Director General-cum-I.G. Police, Bihar, Patna.

3. Home Commissioner, Government of Bihar, Patna.

4. D.I.G., Administrative, Bihar, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Suresh Mishra For the Respondent/s : Mr. Roy Shivajee Nath, AAG 3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-11-2017 Seeking exception to an order dated 22.06.2015 passed by the learned Writ Court in CWC No. 1881 of 1998 this appeal has been filed under Clause 10 of the Letters Patent.

In the matter of claim made by the petitioner for grant of

Patna High Court LPA No.1913 of 2015 dt.03-11-2017 2/3 Senior Selection Grade and Super Time Scale with effect from 1984, the learned Writ Court after evaluating the provisions of the 4th Pay Commission's recommendation and the Circular issued by the State Government has recorded the finding that Junior Selection Grade, Senior Selection Grade and Super Time Scale are to be determined based on the double cadre of a service an the same is done after taking into account the normal promotion prospects already existing in the cadre. After discussing the issue in extenso in paragraph-14 the learned Writ Court has concluded the issue in the following manner and rejected the claim of the petitioner:- "14.

The recommendation of Fourth Pay Revision Committee ensures this much that in a cadre of State services, at least 20% should be given Junior Selection Grade, 12.5% Senior Selection Grade and 2.5% Super Time scale, if they fulfill other criteria like seniority and satisfactory service. It is not the case of the petitioner that the post which he was holding was a basic grade post which could be fulfilled by direct recruitment also. The petitioner having been already given higher scales in his cadre by substantive promotion cannot claim the benefits of Selection Grade as envisaged in the recommendation of the Fourth Pay Revision Committee."

We find no error in the same warranting reconsideration.

Patna High Court LPA No.1913 of 2015 dt.03-11-2017 3/3 The appeal stands dismissed accordingly.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) mrl./- AFR/NAFR NAFR CAV DATE C.A.

Uploading Date 07/11/2017 Transmission Date N.A.