The obligation of the promotional committee to consider the case of all eligible persons and not withhold decisions based on pending criminal or disciplinary proceedings.

1. On 20th August, 1982 the petitioner completed six years of service in Bihar Education Service and, accordingly, became eligible for promotion in junior selection grade. In 1984 the Departmental Establishment Committee found the petitioner fit to be promoted in the junior selection grade. However, on 16th November, 1985 the petitioner was given time bound promotion in the scale of junior selection grade with effect from 20th August, 1985. At that stage the petitioner did not insist that he should be given such promotion with effect from 20th August, 1982 instead of 20th August, 1985.

2. Thereafter on 31st December, 1987 the petitioner was posted as District Education Officer, Singhbhum, which is a senior selection grade post. However, while the petitioner was so posted it was indicated that the petitioner shall be entitled to receive salary at the same scale at which he was drawing salary immediately before such posting. Petitioner did not raise any objection in relation to either such posting or in relation to payment of lesser salary in comparison to the work load attached to the post where the petitioner had been posted. On 31st December, 1993 the petitioner was posted as Deputy Director, Mass Education, which post, there is no dispute, is a super selection grade post. Again while posting the petitioner to the post of Deputy Director, Mass Education, it was stipulated that the petitioner shall be drawing the salaries which he was drawing immediately before such posting. Once again the petitioner did not raise any objection either to such posting or payment of lesser salary in comparison to the work load that the petitioner was asked to shoulder. The petitioner retired on 31st January, 1997 while discharging the duties of Deputy Director, Mass Education, but drawing salaries to the scale of junior selection grade. The pension and the terminal dues of the petitioner have been settled on the basis of the salary the petitioner was drawing in the scale of junior selection grade. In this writ petition the petitioner is seeking payment of salary with effect from 31st December, 1987 at the rate at which a person holding a senior selection grade post was entitled to receive, with effect from 31st December, 1993 salaries at the rate at which a person was entitled to receive salary in the scale of super selection grade and also fixation of his terminal and retiral dues on the basis of last pay drawn to be determined at such pay of the petitioner.

3. When the petitioner was asked to discharge the duties of higher post but at the scale at which he was drawing his salaries earlier, that was an offer which the petitioner could accept or refuse to accept. The petitioner accepted the offer and, accordingly, a contract was made and the petitioner is not entitled to ask anything contrary to that.

4. However, the petitioner was a public servant and, accordingly, he was entitled to all protections to which a public servant is otherwise entitled. It appears that after 1984 the Departmental Establishment Committee sat in the year 1999 to consider the case of promotion of all officers working in the department where the petitioner was also working. At that stage the said committee did not consider the case of promotion of the petitioner inasmuch as an allegation against the petitioner was pending investigation by the police. The said committee, however, considered the cases of juniors to the petitioner and gave them promotions with retrospective effect entitling them to draw salaries of the promotional post with retrospective effect.

5. Any committee constituted to consider promotion of a Public Officer is bound to consider the case of all persons who come within the zone of consideration. If a person comes within the zone of consideration but against that person a criminal proceeding has been initiated or a disciplinary proceeding has been initiated, the promotional committee is bound to decide the fate of that person but to keep the de