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2004 DIGILAW 539 (PAT)

Suresh Kumar Yadav v. State Of Bihar

2004-05-12

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. This pertains to grant of promotion to the petitioner from the rank of Assistant Sub-Inspector of Police to that of Sub-Inspector of Police with effect from 20th August, 1994. 3. It is submitted by learned counsel for the petitioner that though the petitioner was eligible for promotion to the post of Sub-Inspector of Police with effect from 20th August, 1994, his case was not considered and during the pendency of this application, he has superannuated. 4. Two sets of counter affidavits have been filed on behalf of the State. In the counter affidavit filed on behalf of respondent no. 7, it is stated that during the pendency of this application, the case of the petitioner for promotion was considered and the same was rejected vide order, as contained in annexure D to the counter affidavit. 5. Learned counsel for the petitioner submits that though the claim of the petitioner for promotion has been rejected, the same is required be considered according to new seniority list prepared pursuant to Police Order No. 260. 6. From annexure D, it appears that the case of the petitioner is yet to be decided for promotion according to new seniority list, as referred to above. 7. Considering the facts and circumstances of the case the petitioner, if so advised, may represent his case for notional promotion according to the new seniority list and in case, it is so done, the same would be considered and disposed of by the respondent authority by speaking order within a period of six months from the date of receipt/production of a copy of this order. 8. With the direction/observation aforesaid, this application is disposed of.