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2004 DIGILAW 595 (PAT)

Mangal Choudhary v. State Of Bihar

2004-06-24

NARAYAN ROY

body2004
Judgment 1. Heard counsel for the parties. 2. The petitioner challenges the order of promotion of respondent no. 4 on Class III post and at the same time he also seeks direction upon the respondents to promote him to Class III post as he was senior to respondent no. 4. 3. Learned counsel for the petitioner precisely submitted that the petitioner was appointed on Class IV post in the year 1979 whereas respondent no. 4 was appointed in the year 1980 and subsequently both worked as Peons. However, by efflux of time case of respondent no. 4 was considered for promotion and vide letter no. 91 dated 11.9.80 he was promoted to Class III post which would be manifest from Annexure 1 but the case of the petitioner was not considered. It is further submitted that since the petitioner was senior to respondent no. A he also could have been considered for promotion to Class III post. 4. A counter affidavit has been filed on behalf of the respondents wherein the facts alleged in the writ application are not disputed save and except that a show cause notice has been given to respondent no. 4 as to why he should not be reverted to his substantive post. Learned counsel for the State submitted that respondent no. 4 by mistake was promoted to Class III post and the respondent authorities having realised this mistake, have issued a show cause notice to him. 5. In view of the statements made in the counter affidavit, I directed the State counsel on 20th May, 2004 to inform this court as to whether any action has been taken against respondent no. 4 pursuant to the show cause ntiice. It is submitted by learned counsel for the State that he has no information in this regard. 6. Be that as it may, in the given facts and circumstances of the case, I am of the view that since the petitioner was senior to respondent no. 4 his case as usual could have been considered with respondent no. 4 for promotion to Class III post. 7. Considering the facts and circumstances of the case, respondent authorities are directed to consider the case of the petitioner for his promotion to Class III post and in case respondent no. 4 is still continuing on Class III post, necessary direction will be issued promoting the petitioner to Class III post. 4 for promotion to Class III post. 7. Considering the facts and circumstances of the case, respondent authorities are directed to consider the case of the petitioner for his promotion to Class III post and in case respondent no. 4 is still continuing on Class III post, necessary direction will be issued promoting the petitioner to Class III post. It is also made clear that in case respondent no. 4 is reverted to his substantive post by virtue of the show cause notice issued to him. the authorities may not consider the case of the petitioner for his promotion to Class III post. 8. With this observation/direction, this application is disposed of.