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TMI Blog1983 (4) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... second time after a lapse of 12 years during which abominably long period the mandamus of this Court has been treated as a scrap of paper. What a pity, and what helplessness ? The facts relevant to the disposal or this petition under Art. 32 of the Constitution are set out in details in Deokinandan Prasad v. State of Bihar Ors (1) and therefore, need not be recapitulated here. A Constitution Bench presided over by the then Chief Justice Mr. Sikri issued a mandamus in the writ petition filed by the present petitioner which reads as under: The order dated August 5, 1966 declaring under r. 76 of the Service Code that the petitioner has ceased to be in government employ is set aside and quashed. The order dated June 12 1968 stating th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and that under r. 5 of the Pension Rules, he is entitled to pension. After the mandamus was issued by this Court, the petitioner approached amongst others the then Chief Minister of Bihar late Shri Kedar Pandey for implementing and giving effect to the mandamus, issued by the Supreme Court. The Chief Minister directed that even though more than two years have elapsed since the issuance of the mandamus of the Chief Minister himself directed ten months prior to June 25, 1973 for payment of the claim of the petitioner as soon as possible and had insisted upon a weekly progress report on the processing of the file to be submitted to him, yet even the Chief Minister recorded his helplessness that he neither received the weekly report nor th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction Grade according to his seniority or from the date of direct appointment which derived the petitioner of equal opportunity, he was fully entitled to. But the note is overgrowing with the courtesy of the Chief Minister in that he proceeded to request the Education Minister that for the ends of justice, a phraseology to which the courts are accustomed, the petitioner should be paid off his claim within a month for which any senior officer of the Education Department he made responsible. Undue delay has been made in the implementation of the direction of the Hon'ble Supreme Court and I would never like that Shri prasad be compelled again to go to Court.' What a wishful thinking. In that Mr. Prasad has been forced to come back to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner from the date he was promoted, to Class II Service and on the assumption that he was functioning in Class II in the salary scale then admissible to him equivalent to Class II Grade in Bihar Education Service. This must commence from the date from which he was promoted as set out in the earlier judgment as Deputy Inspector of Schools at Seraikela. In computing the salary for the purpose of computation Class II salary scale then prevalent for the post shall be taken up and the petitioner is deemed to have been put in that scale. Yearly increments are added till 1.1.1952 when he must be deemed to have been promoted as admitted by the Chief Minister to Class I post in Bihar Education Service. Same process is to be repeated by the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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