LAWS(PAT)-2011-5-131

HARSH CHOUDHARY Vs. STATE OF BIHAR

Decided On May 12, 2011
HARSH CHOUDHARY Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties. This present appeal has been filed against the order dated 26.09.2007 passed in C.W.J.C. No. 5456/2004, whereby official respondents have passed order dated 26.03.2003 by virtue of which first time bound promotion granted to the petitioner on the post of Assistant Godown Manager has been cancelled.

(2.) THE case of the appellants is that they were appointed on the post of Lower Division Clerk under Bihar State Food and Civil Supply Corporation Limited (hereinafter referred to as the `Corporation' ) in the year 1974 in the pay scale of Rs. 296-460/-. Subsequently in the year 1974 they have been appointed to officiate as Assistant Godown Manager in prior pay scale. Following the contention urged before the learned Single Judge was that they have been granted only higher pay scale which cannot be treated as promotion and actually they were entitled for promotion with effect from initiation.

(3.) ACCORDINGLY, this Letters Patent Appeal stands dismissed.