BALESHWAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitoner was initially appointed as Sub -Overseer on 25th January, 1960 and was subsequantly made Overseer, now known as Junior Engineer. Taking into consideration his total length of service, including the period while petitioner functioned as Sub - Overseer, he was allowed the benefit of seniority and posted to higher post of Subdivisional Officer, a post of the rank of Assistant Engineer.

(2.) IT appears that the seniority of persens whose period of service as rendered as Sub -Overseer was included was challenged by certain persons before this Court in C.W.J.C. Nos. 481/80; 482/80; and 4644/82. In those cases, certain decisions were given by this Court, affecting the seniority of those who were initially appointed as Sub -Overseer, including the petitioner. In view of such finding, the order of posting of petitioner as S.D.O. and the seniority list were cancelled, vide impugned Order No. 5009 dated 14th July, 1983.

(3.) THIS case was admitted on 18th November, 1983 and interim order was passed in favour of petitioner. The petitioner was allowed to work as Subdivisional Officer, with specific directions to the Respondents not to revert him, subject to condition that his continuance as such will not prejudice or affect the promotion and other chances of any other competent officer of the department concerned.