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2010 DIGILAW 1395 (PAT)

Ladhali Sharan S/o Late Ganesh Prasad v. The State Of Bihar Through Secretary-cum-commissioner, Co-op.

2010-06-29

V.N.SINHA

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JUDGEMENT V.N.Sinha, J. 1. None appears either for the petitioner or for the BISCOMAUN. Same was the position on 24.6.2010. In the circumstances, I have perused the writ petition and the impugned order dated 30.1.1995, Annexure-1, whereunder out of turn promotion granted to Respondent Nos. 3 and 4 has been restored. From paragraph-3 to 9 of the writ petition it is very much evident that petitioner was senior to Respondent Nos. 3 and 4 as when he was granted Super Selection Grade Respondent Nos. 3 and 4 were granted Junior Selection Grade under the same notification. It also appears from the other paragraphs of the writ petition that ignoring the better claim and seniority of the petitioner Respondent Nos. 3 and 4 were allowed out of turn promotion. While granting out of turn promotion to Private Respondent Nos. 3 and 4 the Administrator, BISCOMAUN did not even consider the case of the petitioner and such fact is evident from the impugned order dated 30.1.1995, Annexure-1. By ignoring the seniority of the petitioner Respondent Nos. 3 and 4 have been granted out of turn promotion, in the circumstances it was expected from the authorities to have indicated reasons for ignoring the claim of the petitioner for such promotion. In the impugned order upholding the out of turn promotion of Respondent Nos. 3 and 4 no reasons for ignoring the seniority of the petitioner has been given, in the circumstances, I have no option but to quash the impugned order dated 30.1.1995, Annexure-1, which is, accordingly, quashed. 2. The writ application is, accordingly, allowed.