JUDGMENT

ORDER:—We have heard Shri K. K. Venugopal, learned Senior Counsel for the petitioner under the "SC Senior Advocates Free Legal Aid Scheme" and Shri B. B. Singh, learned counsel for the State of Bihar.

2. The petitioner - Shri Nalini Kant Sinha - retired from service as Deputy Secretary to the Government of Bihar upon attaining the age of superannuation on 31 - 1- 1979. It was his case that he should have been considered for promotion to the post of Joint Secretary with effect from 31-12-1975 upon his completion of two years service as Deputy Secretary, or, at any rate, on 14-4-1976 when one of his juniors, Shri Ashutosh Chakraborty was so promoted. It is not disputed that Shri Ashutosh Chakraborthy was a junior and had been so promoted on 14-4-1976. Shri Ashutosh Chakraborthy was paid salary in the higher cadre of Joint Secretary from 14-4-1976 onwards. It is only on 22-4-1988 that the Government of Bihar bestirred itself to correct the position so far as the petitioner was concerned which also considered cases of some others as well - and made an order in terms following:

"No. 2615. Shri Nalini Kant Sinha, Deputy Secretary, Finance Department, is appointed to non-cadre post