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Showing contexts for: supertime scale in Sri Ganesh Ram vs The State Of Bihar & Ors on 22 June, 2015Matching Fragments
issued by the then Inspector General of Police, Bihar with respect to grant of Senior Selection Grade and Supertime scale. It is his case, based on the said circular, that seniority and satisfactory Patna High Court CWJC No.1881 of 1998 service record is the only criteria for grant of Senior Selection Grade and Supertime scale if the vacancies are available. According to him, 15 vacancies in Senior Selection Grade and 4 vacancies in Supertime scale are available since 1984.
3. This writ application has remained pending since 27.02.1998, which was admitted for hearing on 09.05.2000, I presume that the petitioner must have retired long back from service.
4. For the same relief, the petitioner had earlier come to this court by filing CWJC No. 4237 of 1994, which was disposed of by an order dated 14.07.1995 with a direction to the respondents to consider the case of the petitioner and other similarly situated eligible candidates for grant of promotion to Senior Selection Grade and Supertime scale. It appears that against the said order of this court a Letters Patent Appeal being LPA No. 945 of 1995 was preferred by the State of Bihar which was dismissed by an order dated 03.11.1995. The petitioner had filed a contempt petition before this court alleging disobedience of this court's order dated 14.07.1995 passed in CWJC No. 4137 of 1994. Finally, the Director General of Police, Bihar, respondent No.2, vide an order dated 11.02.1997 rejected the petitioner's claim for grant of Senior Selection Grade and Supertime scale, which order has been brought on record by way of annexure-5 to the writ application. The ground for rejection, as mentioned in the order dated 11.02.1997, is that grant of Junior Selection Grade, Senior Patna High Court CWJC No.1881 of 1998 Selection Grade and Supertime scale is for basic posts only and the benefit is not available to promotional posts. In the case of petitioner, the post of Constable is admittedly the basic grade and the post of Reserved Sub Inspector (Training) and Reserved Inspector (Training) are promotional posts. The Director General of Police assigned the reason for refusing the petitioner's claim for grant of Senior Selection Grade and Supertime scale that after having already been given promotion, he could not be given benefits of Senior Selection Grade or Supertime scale.
6. Mr. Gouranga Chatterjee, learned counsel appearing on behalf of the petitioner, has submitted that the respondents have been changing their stand before this court from time to time as would be evident from the counter affidavit, which they had earlier filed in CWJC No. 4137 of 1994. He has submitted that Junior Selection Grade, Senior Selection Grade and Supertime scale is available to each post in the same proportion as suggested by the Fourth Pay Revision Committee in its recommendations which was subsequently Patna High Court CWJC No.1881 of 1998 accepted by the State Government. He contends that the plea that Junior Selection Grade, Senior Selection Grade and Supertime scale are available only for the basic posts is contrary to their earlier decision. He has drawn my attention to letter dated 12.02.1996 issued by the Director General-cum- Inspector General of Police, Bihar which contains decision of the Director General of Police to grant Junior Selection Grade, Senior Selection Grade and Supertime scale to Reserved Inspector (Training) taking the number of total posts of Reserve Inspector (training) and not the entire cadre as a whole.
Patna High Court CWJC No.1881 of 1998
12. Clause 10(i) of the above prescribes that Selection Grade should be provides "in all services, cadres and posts". It means that there shall be provision for Selection Grade in all services, cadres and posts. It would certainly not mean that Selection Grade is to be provided on the basis of taking number of posts in a cadre of service as unit.
13. For example if there are 200 posts in a cadre having three promotional avenues above basic grade post, which are equivalent to Junior Selection Grade, Senior Selection Grade and Supertime scale and there are 40 persons working on the first promotional post, 25 persons on second promotional post and 5 on third promotional post or if more persons than the ratio are already working on promotional posts then, as indicated above, there would be no scope for grant of Selection Grade/Supertime scale in terms of the decision of the State Government as 25 percent, 12 ½ percent and 2 ½ percent of posts are already filled up in Selection grade/ Supertime scale by virtue of substantive promotion. There can be another situation when 30 persons are working on the first promotional post, 10 persons on the second promotional post and one person on the third promotional post. In such circumstance, 10 persons of the personnel in basic grade would be entitled for Junior Selection Grade, 15 persons working against first promotional post would be entitled for Senior Selection Grade if they are not granted Patna High Court CWJC No.1881 of 1998 promotion on higher posts for the one reason or the other. Similarly, at least four persons would be required to be given Supertime scale who are on second promotional post, if they for some reason not able to get promotion to higher posts.