LAXMAN RAM SON OF LATE DEDHARI RAM Vs. HON&APOSBLE HIGH COURT OF JUDICATURE AT PATNA THROUGH ITS REGISTRAR GENERAL

JUDGEMENT

(1.) This writ petition is directed against the order dated 16.12.2004 (Annexure 10), issued under the signature of respondent No. 2, whereby the petitioner was not given the benefit of continuance of service beyond 58 years of age.

(2.) A brief statement of facts essential for the disposal of the writ petition may be indicated. The petitioner was appointed as a Munsif on a purely ad-hoc basis in the Bihar Judiciary by notification dated 23.8.76 (Annexure 1), and had joined as such on 28.9.76. He was confirmed as Munsif with effect from 28.9.76, vide notification dated 28.10.77 (Annexure 2). He was promoted to the post of Subordinate Judge on 4.3.98 (Annexure 4). He was confirmed as Subordinate Judge by notification dated 22.4.2003 (Annexure 7).

(3.) While assailing the validity of the impugned order, learned Counsel for the petitioner submits that there is no adverse material on record to deny to the petitioner the benefit of extension of age. He next submits that the entire adverse materials prior to the promotion is wiped off. He submits in the same vein that he has twice been confirmed at different levels of service in Bihar Judicial Service, and was promoted as a Subordinate Judge, as a result of which all materials on record adverse to the petitioner prior to 22.4.2005, cannot be taken into account to deprive him of the benefit. He relies on the following reported judgments: