Mridula Mishra, J.

1. Heard the counsel for the parties.

2. This application has been filed for quashing Resolution, dated 16.07.1996, contained in Memo No. 7835, whereby the petitioner has been dismissed from the post of Assistant Public Prosecutor. Further, prayer is for commanding respondents 1 to 4 to give five increments with consequential financial benefits due on 05.01.1992 to 05.01.1996 and to pay full salary, along with increments, for the period 09.01.1992 to 16.09.1995 after deducting the subsistence allowance paid during suspension.

3. Petitioner was appointed as Assistant District Prosecutor on 16.03.1973. New Criminal Procedure Code came into force on 01.04.1974 whereby nomenclature of Assistant District Prosecutor was changed to Assistant Public Prosecutor and the control of the Police Department on the services of Assistant Public Prosecutor was removed. In spite of the amendment in the Criminal Procedure Code the State Government was not notifying the necessary amendment regarding removal of control of Police Department on the services of the Assistant Public Prosecutor. The Bihar Police Prosecution Association was agitating against this delay in implementa